§1015d — Title 20 Education | U.S. Code

Summary

States that get federal aid must let qualifying federal service members, and their spouses and dependent children, pay the same tuition at public colleges as in-state students. If they pay that in-state rate while continuously enrolled, they keep that rate at that college even if the member later changes permanent duty station to another State. The rule applies to enrollments starting after July 1, 2009. "Qualifying Federal service" means active-duty armed forces, Foreign Service, or intelligence community staff serving more than 30 days.

Title 20, §1015d

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(a)In the case of a member of a qualifying Federal service whose domicile or permanent duty station is in a State that receives assistance under this chapter, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.

(b)If a member of a qualifying Federal service (or the spouse or dependent child of a member) pays tuition at a public institution of higher education in a State at a rate determined by subsection (a), the provisions of subsection (a) shall continue to apply to such member, spouse, or dependent while continuously enrolled at that institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.

(c)This section shall take effect at each public institution of higher education in a State that receives assistance under this chapter for the first period of enrollment at such institution that begins after July 1, 2009.

(d)In this section, the term “member of a qualifying Federal service” means—

(1)a member of the armed forces (as defined in section 101 of title 10) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10);

(2)a member of the Foreign Service (as defined in section 3903 of title 22) who is on active duty for a period of more than 30 days; or

(3)an officer or employee of an element of the intelligence community (as such term is defined in section 3003 of title 50) who serves in a position of employment in such element for a period of more than 30 days.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1015d, Pub. L. 89–329, title I, § 135, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 466, required grant recipients to submit reports, prior to the general amendment of this subchapter by Pub. L. 105–244.

Amendments

2023—Subsec. (d)(3). Pub. L. 118–31 added par. (3). 2021—Pub. L. 117–81, § 6206(a)(1), substituted “qualifying Federal service” for “the armed forces on active duty, spouses, and dependent children” in section catchline. Subsec. (a). Pub. L. 117–81, § 6206(a)(2), substituted “member of a qualifying Federal service” for “member of the armed forces who is on active duty for a period of more than 30 days and”. Subsec. (b). Pub. L. 117–81, § 6206(a)(3), substituted “member of a qualifying Federal service” for “member of the armed forces”. Subsec. (d). Pub. L. 117–81, § 6206(a)(4), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “In this section, the terms ‘armed forces’ and ‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2023 Amendment Pub. L. 118–31, div. G, title III, § 7316(b), Dec. 22, 2023, 137 Stat. 1033, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2024.”

Effective Date

of 2021 Amendment Pub. L. 117–81, div. F, title LXII, § 6206(b), Dec. 27, 2021, 135 Stat. 2392, provided that: “The

§1015d In-state Tuition Rates for Members of Qualifying Federal Service

Summary

Title 20, §1015d

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Amendments

Citations & Metadata