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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
in-state student status; veterans
Purpose
An emergency measure that extends immediate classification as an in-state student to a qualifying person who utilizes federal Veteran Readiness and Employment Program (Chapter 31) or veteran survivor or dependent (Chapter 35) educational assistance. Eliminates the requirement for a qualifying Montgomery GI Bill Active Duty (Chapter 30) and Post-9/11 GI Bill (Chapter 33) educational assistance recipient to enroll in a public institution of higher learning within three years of the veteran's discharge to receive in-state classification.
Background
A student having a domicile not in Arizona is not eligible for classification as an in-state student for tuition purposes and is not entitled to in-state classification until domiciled in Arizona for one year, subject to outlined exemptions (A.R.S. § 15-1802). A Chapter 30 and Chapter 33 educational assistance recipient is entitled to immediate in-state classification if the recipient enrolls in an Arizona public university or community college within three years after the veteran's discharge from active duty service of at least 90 days or remains continuously enrolled beyond the three years following the discharge (A.R.S. § 15-1802). Chapter 30 and Chapter 33 eligible educational assistance recipients are active duty members or veterans who meet federally-outlined requirements (38 U.S.C. §§ 3011 and 3311).
A veteran with service-related disabilities may receive federal education assistance through Chapter 31. A person who is a survivor or dependent of a veteran, or both, who meets federally-outlined requirements may receive Chapter 35 educational assistance (38 U.S.C. §§ 3501 and 3102).
In 2021, the U.S. Congress redefined covered individual by eliminating the requirement that the service member must be discharged less than three years before the date of enrollment (P.L. 116-315, 116th Congress, 2020). The Secretary of Veterans Affairs must disapprove a program of education of higher learning for the use of federal education assistance if the school charges qualifying veterans and beneficiaries tuition and fees above the rate of resident students (38 U.S.C. § 3679).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Extends immediate classification as an in-state student to a person who:
a) utilizes Chapter 31 and Chapter 33 benefits; and
b) enrolls in an Arizona public university or a community college after the veteran's discharge from active duty service of at least 90 days.
2. Eliminates the requirement, for a Chapter 30 or Chapter 31 recipient to be immediately classified as an in-state student, that the recipient:
a) begin enrollment in an Arizona public university or a community college within three years of the veteran's discharge; or
b) remain continuously enrolled beyond the three-year period following the veteran's discharge.
3. Makes technical and conforming changes.
4. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
January 21, 2022
LB/MS/slp