James Madison University complies with Section 702 of the Veteran’s Access, Choice, and Accountability Act, Section 417 of PL 114-315 and the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (P.L.116-315) 

  • Section 702 of the Veterans Access, Choice and Accountability Act of 2014 (“Choice Act”), requires VA to disapprove programs of education for payment of benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty at public institutions of higher learning if the schools charge qualifying Veterans and dependents tuition and fees in excess of the rate for resident students for terms beginning after July 1, 2015 (and July 1, 2017 for the new updates)
  • Section 417 of Public Law 114-315 requires VA to disapprove programs of education for payment of benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty at public Institutions of Higher Learning (IHLs) if the school charges qualifying Veterans and dependents tuition and fees in excess of the rate for resident students for terms beginning after July 1, 2017.
  • The Johnny Isakson and David P. Roe (Public Law 116-315 Section 1005) amends the definition of covered individuals in Title 38 USC 3679(c)(2)(A) by removing the requirement to be within 3 years of discharge in order to receive in-state tuition, effective August 1, 2021.


DO PUBLIC SCHOOLS HAVE TO OFFER IN-STATE RATES TO ALL VETERANS AND DEPENDENTS TO MEET THE REQUIREMENTS OF SECTION 702 AND ISAKSON AND ROE PL 116-315?

No. To remain approved for VA’s GI Bill programs, schools must charge in-state tuition and fee amounts to “covered individuals.” A covered individual is defined as:

  • A Veteran who lives in the state where the IHL is located (regardless of his/her formal state of residence) and was discharged or released after a minimum of 90 days of military service and using Post 9/11 or Chapter 30 benefits. 
  • An individual using transferred Post 9/11 benefits who lives in the state where the IHL is located (regardless of his/her formal state of residence)
  • Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school. The person must be using educational benefits under either chapter 30 or chapter 33, of title 38, United States Code.
  • Anyone using transferred Post-9/11 GI Bill benefits who lives in the state where the IHL is located and the transferor is a member of the uniformed service who is serving on active duty (effective 7/1/2017)
  • Anyone using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state where the IHL is located (regardless of his/her formal state of residence).(effective 7/1/2017)
  • An individual using educational assistance under chapter 31, Veterans Readiness and Employment (VR&E) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of his/her formal State of residence) effective for courses, semesters, or terms beginning after March 1, 2019

WHAT DOCUMENTATION/REQUIREMENTS ARE NEEDED IN ORDER TO QUALIFY FOR INSTATE TUITION UNDER THE ABOVE PROVISION?

  • For service members and dependents of active duty, separated or retired service-members:
    • Certificate of Eligibility in the student's name for Post 9/11 (or Chapter 30 COE for service members)
    • Must be living in Virginia/JMU area while attending classes
    • Must be using Post 9/11 or Chapter 30 benefits (JMU Request Form required each semester)
  • Fry Scholarship recipients:
    • Certificate of Eligibility showing you are approved for the Fry Scholarship
    • Must be living in Virginia/JMU area while attending classes
    • Must be using Fry Scholarship benefits (JMU Request Form required each semester)

The Certificate of Eligibility must be submitted to the School Certifying Official in the Registrar's Office no later than the first day of classes in order to be considered for instate tuition under the Choice Act provision. If the student claims eligibility but the CoE is not available, the Veteran’s Coordinator can verify eligibility with Veteran’s Affairs. In this case, student's VA benefit application must be approved with VA by the first day of classes.

All documentation can be submitted to the Veteran Services Team via email (veteran@jmu.edu), fax (540-568-5615), mail (738 South Mason Street MSC 3528 Harrisonburg VA 22807) or drop off. We will then provide the documentation to the Business Office for official approval.

More Information: visit VA Resident Rate Requirement Website or call 1-800-myVA411

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