Education & Employment

Delaware In-State Tuition for Military Spouses and Children

The spouse and children of an active duty member who is transferred out of Delaware keep in-state tuition at Delaware public colleges for as long as they stay enrolled. Delaware has no statute of its own giving veterans in-state tuition; that comes from federal law.

Also called: 14 Del. C. 3466, in-state tuition, resident tuition, military spouse, military dependent, Veterans Access Choice and Accountability Act, 38 U.S.C. 3679(c).

For: Spouse, child.

Where it applies

Written for the jurisdictions listed here.

Title 14, section 3466: "the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, is deemed to be an in-state resident" for tuition, fees and other charges at Delaware public universities, colleges and community colleges, "as long as the spouse or child remains enrolled at such institution". So a family stationed at Dover Air Force Base whose member is reassigned does not lose resident rates for a student already enrolled. What it does not do. It does not reach a family that arrives in Delaware and enrolls; those students rely on each institution's residency rules. And Delaware has no statute giving veterans resident tuition. A veteran or family member using VA education benefits at the University of Delaware, Delaware State University or Delaware Technical Community College is protected by the federal rule in 38 U.S.C. 3679(c), which requires any public school that takes those benefits to charge in-state rates to a covered individual living in the state, regardless of formal residency. Covered individuals include a veteran with at least 90 days of active service using chapter 30, 31, 33 or 35 benefits, family members using transferred Post-9/11 entitlement and the other dependants the section names, and, for academic periods beginning on or after August 1, 2026, users of the Montgomery GI Bill Selected Reserve under chapter 1606 (Public Law 119-55). There is no longer any window after discharge; Public Law 116-315 removed the three-year limit from August 1, 2021. A veteran paying without VA education benefits has no Delaware statute to point to. Guard members get in-state rates at state-supported institutions under Title 14, section 3480 whether or not they live in Delaware. See the Guard education entry.

Thresholds

Thresholds for Delaware In-State Tuition for Military Spouses and Children
GateRule
Active duty member reassigned out of Delaware immediately after a Delaware assignment14 Del. C. § 3466. Only for a spouse or child who remains enrolled.

Sources

Legislation

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Public Law 119-55 (H.R. 983) Montgomery GI Bill Selected Reserves Tuition Fairness Act: adds chapter 1606 users to the federal in-state tuition rule

Catalog reconciledEnactedScope changed

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the President Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Adds Montgomery GI Bill Selected Reserve users under chapter 1606 to the veterans a public school must charge in-state tuition.

Signed December 12, 2025. Adds users of the Montgomery GI Bill Selected Reserve under 10 U.S.C. chapter 1606 to the covered individuals in 38 U.S.C. 3679(c), for academic periods beginning on or after August 1, 2026.

Sponsor

  • Derrick Van OrdenRepublican, House, WI-3

Touches 38 U.S.C. § 3679(c)

Also touches

Official record

Public Law 116-315, section 1005 Removed the three-year window after discharge from the federal in-state tuition rule

Catalog reconciledEnactedScope changed

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the President Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Removed the three-year window after discharge from the rule that public schools charge covered veterans in-state tuition.

Struck "less than three years before the date of enrollment in the course concerned" from 38 U.S.C. 3679(c)(2)(A), for terms beginning on or after August 1, 2021. A veteran with ninety days of active service using a covered VA education benefit and living in the state must be charged the resident rate at a public institution however long ago the discharge was. State guides and at least one catalog entry still described the old window.

Sponsor

  • Mike LevinDemocratic, House, CA-49

And 10 co-sponsors

Touches 38 U.S.C. § 3679(c)

Also touches

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.