James Madison University complies with the following laws that grant instate tuition to covered individuals using certain VA educational benefits: 

• 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. 
• 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; includes adding dependents of active duty servicemembers and removing the 3 year requirement for Fry Scholarship recipients.
• The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (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 for individuals using Chapter 30, Post 9/11 and transferred Post 9/11 benefits, effective August 1, 2021.
• The Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 (Public Law 117-68) amends the definition of covered individuals for instate tuition to include Chapter 35 Dependents' Educational Assistance, effective 8/1/2022.

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 Institution of Higher Learning (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 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
• Anyone 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 3/1/2019.
• Anyone using Chapter 35 Dependents Educational Assistance (DEA) benefits who lives in the state where the IHL is located while attending classes (regardless of their formal state of residence). Effective 8/1/2022

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, Chapter 31, Chapter 33 or Chapter 35, of title 38, United States Code.

The in-state tuition provisions do not apply to those individuals on active duty using benefits under the Post-9/11 GI Bill^® and Montgomery GI Bill^® Active Duty.

These requirements ensure our nation’s recently discharged Veterans, and their eligible family members, will not bear the cost of out-of-state charges while using their well-deserved education benefits.

What documentation/requirements are needed in order to qualify for instate tuition under the above provision?

• Post 9/11 and Chapter 30 Recipients: Veterans and servicemembers; dependents of active duty, separated or retired service members:
  • Certificate of Eligibility showing student's approval for Post 9/11 (dependent or Veteran) or Chapter 30 COE for Veterans
  • 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)
  • Student may not qualify if they are serving on active duty

• Fry Scholarship recipients:
  • Certificate of Eligibility showing student's approval 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)

• Chapter 35 recipients:
  • Certificate of Eligibility showing student's approval for Chapter 35 DEA benefits
  • Must be living in Virginia/JMU area while attending classes
  • Must be using Chapter 35 benefits (JMU Request Form required each semester)

The Certificate of Eligibility should 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

All documentation can be submitted to the Veteran Educational Benefits Team via email (veteran@jmu.edu), fax (540-568-5615), mail (738 South Mason Street MSC 3528 Harrisonburg VA 22807) or drop off in the Student Success Center, Room 5300. 

More Information: visit VA Resident Rate Requirement Website, Instate Tuition Under Choice Act website or call VA at 1-888-442-4551