Education & Employment
Kentucky In-State Tuition Rates for Nonresident Veterans and Guard Members
An active Kentucky National Guard member gets resident tuition by statute. A nonresident veteran using Post-9/11 GI Bill benefits gets a capped rate only if the university has adopted the optional policy.
Also called: in-state tuition, residency, KRS 164.2844, Post-9/11 GI Bill, nonresident, National Guard, military orders, Yellow Ribbon.
For: Veteran or service member, spouse, child, survivor.
Where it applies
Written for the jurisdictions listed here.
- KentuckyState
KRS 164.2844 does three different things for three different groups, and the difference between "shall" and "may" separates them.
For an active member of the Kentucky National Guard, subsection (2) is mandatory. Beginning with the 2017-2018 academic year, an active Kentucky National Guard member who enrols at a Kentucky public university as a non-Kentucky resident shall be considered a Kentucky resident for tuition purposes. No university discretion, no application to a policy. This is the strongest of the three and it reaches Guard members who live across a state line and drill in Kentucky.
For a nonresident veteran, subsection (1) is permissive, and this is where expectations break. The governing board of a Kentucky public university may adopt a tuition policy under which a veteran of the Armed Forces or National Guard eligible for Post-9/11 GI Bill benefits, or any member of a Reserve component, enrolling as a non-Kentucky resident is charged no more than the maximum Post-9/11 GI Bill tuition reimbursement paid to public universities for eligible Kentucky residents. "May adopt" means each university decides. There is no statewide entitlement, and a veteran should confirm the policy with the specific institution rather than assume it. Note also what the cap is: it is not in-state tuition, it is the GI Bill's in-state reimbursement ceiling, which is what makes the arrangement work without the veteran paying a gap.
Federal law makes the permissive part matter less than it reads. Under 38 U.S.C. 3679(c), every public institution that wants to keep its GI Bill approval must charge the in-state rate to a covered individual who lives in Kentucky while enrolled, whatever their formal state of residence: a veteran discharged after at least 90 days of active service, a spouse or child using transferred Post-9/11 or Fry Scholarship entitlement, and anyone entitled to Veteran Readiness and Employment (chapter 31) or Dependents' Educational Assistance (chapter 35), and from August 1, 2026 anyone using the Montgomery GI Bill Selected Reserve under 10 U.S.C. chapter 1606 (Public Law 119-55). Since terms beginning August 1, 2021 there is no limit on how long ago the veteran was discharged (Public Law 116-315, section 1005). So a veteran using one of those benefits and living in Kentucky gets the resident rate at every public university whether or not its board adopted a subsection (1) policy; subsection (1) matters for a veteran who does not live in Kentucky, and for a Reserve member not using a covered benefit.
For a servicemember already admitted, subsection (3) protects residency against a transfer. A member of the Armed Forces, or their spouse or dependent, determined to be a Kentucky resident at the time of acceptance for admission shall not lose Kentucky residency status if the member is transferred on military orders before enrolling for the term they were accepted for, or while enrolled. Residency survives so long as the student remains continuously enrolled at the same degree level. The two conditions in that sentence are the ones that catch people: a break in enrolment, or moving up a degree level, ends the protection.
None of this involves a disability rating, and none of it is a waiver. These are tuition rate rules, and they stack with the KDVA tuition waivers rather than competing with them: a student who qualifies for a waiver does not need a residency rule, and a student who does not qualify for a waiver may still get the rate.
Thresholds
| Gate | Rule |
|---|---|
| No disability rating required | All three provisions turn on service status, GI Bill eligibility, or admission timing. No rating is involved, so the rating filter never hides this entry. |
| Guard members get resident rates by statute | KRS 164.2844(2) provides that an active member of the Kentucky National Guard enrolling at a Kentucky public university as a non-Kentucky resident shall be considered a Kentucky resident for tuition purposes. This is mandatory and requires no university policy. |
| The veteran rate is optional for each university | KRS 164.2844(1) says a governing board may adopt a policy charging a Post-9/11 GI Bill-eligible veteran or Reserve component member no more than the maximum GI Bill tuition reimbursement for eligible Kentucky residents. Because it is permissive, the rate exists only at universities that adopted it. Confirm with the institution before enrolling. |
| Residency survives a transfer only with continuous enrolment | KRS 164.2844(3) preserves Kentucky residency status for a member, spouse, or dependent determined to be a resident at acceptance who is then transferred on military orders. The protection holds only while the student remains continuously enrolled at the same degree level. |
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
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the President Done, , step 5 of 6
- In effect Done, , step 6 of 6
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 Orden
Touches 38 U.S.C. § 3679(c)
Also touches
- Arkansas In-State Tuition for Veterans, Service Members and Families
- Colorado In-State Tuition for Veterans and Military Families
- Connecticut Public College Tuition Waiver for Wartime Veterans
- Delaware In-State Tuition for Military Spouses and Children
- Education Benefits for Veterans in American Samoa
- Free Tuition at the University of the Virgin Islands
- Free University of Puerto Rico Tuition for Veterans and Half Price for Family
- Guam Veterans Higher Education Benefits Act
- In-State Tuition for Veterans at the University of the District of Columbia
- Indiana Resident Tuition for Veterans, Their Families and Guard Members
- Iowa Resident Tuition for Veterans, Service Members and Their Families
- Massachusetts Public Higher Education Tuition Waiver for Veterans
- Minnesota Higher Education Fairness for Veterans
- Mississippi In-State Tuition for Nonresident Veterans and Military Families
- Missouri In-State Tuition and Academic Credit for Military Service
- Nebraska In-State Tuition for Veterans and Their Families
- North Carolina In-State Tuition for Service Members and Veterans
- Oregon Resident Tuition for Veterans and Military Families
- South Carolina In-State Tuition for a Veteran and Dependents
- South Dakota Resident Tuition for Veterans and Military Families
- Tennessee In-State Tuition for Veterans Using VA Education Benefits
- Utah Resident Tuition for Veterans and Military Families
- West Virginia In-State Tuition for Nonresident Veterans
- What the Northern Mariana Islands Does Not Offer Veterans
- Wisconsin GI Bill: Fee Remission for Spouses and Children
Public Law 116-315, section 1005 Removed the three-year window after discharge from the federal in-state tuition rule
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the President Done, , step 5 of 6
- In effect Done, , step 6 of 6
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.
Touches 38 U.S.C. § 3679(c)
Also touches
- Arkansas In-State Tuition for Veterans, Service Members and Families
- Colorado In-State Tuition for Veterans and Military Families
- Connecticut Public College Tuition Waiver for Wartime Veterans
- Delaware In-State Tuition for Military Spouses and Children
- Education Benefits for Veterans in American Samoa
- Free Tuition at the University of the Virgin Islands
- Free University of Puerto Rico Tuition for Veterans and Half Price for Family
- Guam Veterans Higher Education Benefits Act
- In-State Tuition for Veterans at the University of the District of Columbia
- Indiana Resident Tuition for Veterans, Their Families and Guard Members
- Iowa Resident Tuition for Veterans, Service Members and Their Families
- Massachusetts Public Higher Education Tuition Waiver for Veterans
- Minnesota Higher Education Fairness for Veterans
- Mississippi In-State Tuition for Nonresident Veterans and Military Families
- Missouri In-State Tuition and Academic Credit for Military Service
- Nebraska In-State Tuition for Veterans and Their Families
- North Carolina In-State Tuition for Service Members and Veterans
- Oregon Resident Tuition for Veterans and Military Families
- South Carolina In-State Tuition for a Veteran and Dependents
- South Dakota Resident Tuition for Veterans and Military Families
- Tennessee In-State Tuition for Veterans Using VA Education Benefits
- Utah Resident Tuition for Veterans and Military Families
- West Virginia In-State Tuition for Nonresident Veterans
- What the Northern Mariana Islands Does Not Offer Veterans
- Wisconsin GI Bill: Fee Remission for Spouses and Children
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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.