Education & Employment
West Virginia In-State Tuition for Nonresident Veterans
Every public institution must charge the in-state rate to a GI Bill user living in West Virginia, however long ago the discharge. The state rule still prints a three-year window that federal law removed in 2021.
Also called: in-state tuition, nonresident, GI Bill, 38 U.S.C. 3679, Series 25, 133-25, residency, HEPC.
For: Veteran or service member, spouse, child, survivor.
Where it applies
Written for the jurisdictions listed here.
- West VirginiaState
All West Virginia public institutions of higher education assess tuition at the in-state rate for nonresident recipients of the GI Bill who enroll within three years of discharge. The rule sits in the Higher Education Policy Commission's legislative rule, Title 133 Series 25, rather than in the Code, which is why it does not turn up in a statute search.
The three-year window in the rule is no longer the binding test. The rule implemented the federal floor for institutions that want to keep GI Bill approval, and that floor changed: Public Law 116-315, section 1005, struck the three-year limit from 38 U.S.C. 3679(c) for terms beginning on or after August 1, 2021. A public institution must now charge the in-state rate to a covered individual using chapter 30, 31, 33 or 35 benefits who lives in West Virginia while enrolled, whatever the formal state of residence and however long ago the discharge: 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 or Dependents' Educational Assistance, and from August 1, 2026 anyone using the Montgomery GI Bill Selected Reserve under 10 U.S.C. chapter 1606 (Public Law 119-55). A veteran refused the rate under the state rule's three-year window while using one of those benefits should cite the federal section.
Two other groups get in-state treatment.
Nonresident servicemembers assigned to a duty location in West Virginia, and their dependents, are charged in-state tuition and fees while stationed here.
A separate federal-facing arrangement covers cost above the GI Bill's ceiling: every West Virginia public institution participates in the Department of Veterans Affairs Yellow Ribbon program, which the Department of Veterans Assistance describes under the heading "Bridging the Gap." That is a federal program with a state commitment to participate, not a state benefit in its own right.
This is a tuition rate, not a waiver, and it is not a residency determination for any other purpose. It does not make you a West Virginia resident for voting, taxation, or the two-year residency test that governs the homestead exemption.
Because the operative text is a Commission rule rather than a statute, and rules are renumbered and reissued more often than Code sections, confirm the current series with the institution's registrar or with the Higher Education Policy Commission before an enrollment decision turns on it.
Thresholds
| Gate | Rule |
|---|---|
| No disability rating required | The rate turns on GI Bill eligibility and the timing of enrollment. No rating applies, so the rating filter never hides this entry. |
| Using a covered VA education benefit while living in West Virginia | Under 38 U.S.C. 3679(c) the in-state rate is owed to a covered individual using chapter 30, 31, 33 or 35 benefits (and chapter 1606 from August 1, 2026) who lives in the state, with no limit on time since discharge for terms from August 1, 2021. The three-year window in Title 133 Series 25 no longer governs a GI Bill user. |
| Stationed servicemembers and dependents also get the rate | Nonresident servicemembers assigned to a duty location in West Virginia, and their dependents, are charged in-state tuition and fee rates while stationed in the state. |
| A rate, not residency for any other purpose | This changes what an institution charges. It does not make the veteran a West Virginia resident for voting, taxation, or the two-year residency test that governs the homestead exemption. |
Sources
Legislation
Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.
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
- Kentucky In-State Tuition Rates for Nonresident Veterans and Guard Members
- 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
- 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
- Kentucky In-State Tuition Rates for Nonresident Veterans and Guard Members
- 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
- What the Northern Mariana Islands Does Not Offer Veterans
- Wisconsin GI Bill: Fee Remission for Spouses and Children
Updated
Last updated .
What changed then:
- New official source added: “West Virginia Department of Veterans Assistance, Education Benefits, in-state tuition rates for nonresident veterans (the page moved in October 2026; read 2026-10-23)”.
- Source removed: “West Virginia Department of Veterans Assistance, education benefits, in-state tuition rates for nonresident veterans”.
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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.