Education & Employment

Tennessee In-State Tuition for Veterans Using VA Education Benefits

A veteran using VA education benefits and living in Tennessee pays no out-of-state tuition or fees at a public institution, regardless of formal residency. It turns on living here, not on being domiciled here.

Also called: 49-7-1304, in-state tuition, out-of-state tuition, residency, VETS Act, GI Bill, Post-9/11, 38 U.S.C. 3679(c).

For: Veteran or service member, spouse, child, survivor.

Where it applies

Written for the jurisdictions listed here.

Section 49-7-1304 provides that a veteran, or other individual eligible to receive educational benefits administered by the United States Department of Veterans Affairs, shall not be required to pay out-of-state tuition or any out-of-state fee where the individual is enrolled in a public institution of higher education in the state, is using those benefits at the enrolling institution, and is living in Tennessee, regardless of formal state of residency. The operative phrase is "living in the state of Tennessee, regardless of their formal state of residency." Ordinary in-state tuition rules ask about domicile, which is a question of intent and typically carries a waiting period of a year. This section does not. A veteran who moves to Tennessee in August and enrolls in August is living in Tennessee and is inside the section, even though that veteran would not satisfy the ordinary domicile test for another year. It covers "other individuals eligible to receive educational benefits administered by VA," which is how transferred Post-9/11 entitlement, the Fry Scholarship and the survivors' and dependents' program reach the same treatment. A spouse or child using transferred entitlement and living in Tennessee is not paying out-of-state rates. Federal law sets a floor under the same rule. 38 U.S.C. 3679(c) requires a public institution, as a condition of VA approval, to charge the resident rate to a covered individual living in the state and using Chapter 30, 31, 33 or 35 assistance, and from academic periods beginning August 1, 2026 Chapter 1606 Selected Reserve assistance under Public Law 119-55, with no window after discharge since August 1, 2021 under Public Law 116-315. Section 49-7-1304 already reaches every education benefit VA administers, Chapter 1606 included, so Tennessee's rule is at least as wide as the federal one. Two limits. It applies to public institutions of higher education, so a private college is outside it. And it is tied to actually using the VA benefit at the enrolling institution: a veteran who exhausts entitlement mid-degree has to look to the ordinary residency rules for the rest, by which point a year of living here will usually have solved the problem anyway. The section sits in the Tennessee Veterans Education Transition Support Act, the VETS Act of 2014, which also created the VETS Campus designation. That designation is a recognition program for institutions that meet a set of requirements for supporting veterans in the transition from service to enrollment. It is a signal about the institution rather than a benefit a veteran applies for, and holding or not holding it does not change what a veteran pays under 49-7-1304. Tennessee also directs public institutions to give veterans early registration, on the same procedures used for student athletes and honor students. That is worth more than it sounds at a campus where required courses fill quickly.

Thresholds

Thresholds for Tennessee In-State Tuition for Veterans Using VA Education Benefits
GateRule
Using VA education benefits at the enrolling institutionThe individual must be a veteran or other person eligible for educational benefits administered by VA and must be using those benefits at the institution where enrolled. Transferred entitlement, Fry and survivors’ and dependents’ benefits qualify the user.
Living in Tennessee, with no domicile testThe statute asks whether the individual is living in the state, regardless of formal state of residency. There is no one-year waiting period and no intent test.
Public institutions onlySection 49-7-1304 applies to public institutions of higher education in the state. Private institutions set their own rates.

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.