In State Residency Exemptions

Federal Choice Act 702 In State Requirements

Section 702 of the Federal Choice Act states that you may be eligible for in state tuition if:

  • You live in the state where your university or college is located (regardless of your formal state of residence) and you enroll in the school within three years of your discharge from a period of active duty service of 90 days or more.
  • You are using transferred benefits and live in the state in where your university or college is located (regardless of your formal state of residence) and enroll in the school within three years of the transferorís discharge from a period of active duty service of 90 days or more.
  • You are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship and live in the state in where your university or college is located (regardless of your formal state of residence) and enroll in the school within three years of the Servicememberís death in the line of duty following a period of active duty service of 90 days or more.
  • If eligible, you may retain in state status as long as you remain continuously enrolled (other than during regularly scheduled breaks between terms).

The in state tuition provisions in Section 702 do not apply to those on active duty or to students using transferred Post-9/11 GI Bill benefits from a servicemember still on active duty. Fill out the Honorably Discharged Veteran In-State Tuition Application form to apply.

For more information on Section 702 of the Coice Act, visit VA Education and Training.

Colorado GI Promise Act

The Colorado GI Promise Act allows you the opportunity to qualify for in state tuition regardless of length of residency in Colorado. Honorable discharge status must be verified using the Honorably Discharged Veteran In-State Tuition Application form.

Other Military Exemptions

  • If you are an active-duty member or a dependent on either PCS (Permanent Change of Station) or TDY (Temporary Duty) orders in Colorado, you may qualify for in state tuition regardless of domicile or length of residency in Colorado. The military member must have reported to a duty station in the state no later than the first day of class for the applicable academic term. Active duty status stationed in Colorado must be verified each term by the military installation using the Military Tuition Waiver Request Form.
  • If you are a member of the Colorado National Guard or a dependent you may qualify for in state tuition if the Guard member maintains their sole residence in Colorado. The Guard member must have been a member of the Colorado National Guard by the first day of class for the applicable academic term. Colorado National Guard status must be verified each term by the military installation using the National Guard Waiver.
  • If your parent was on active duty in Colorado at any time during the your senior year of high school in Colorado, you can retain in state tuition if your parent is transferred outside Colorado (but not if the parent retires). You must enroll at a public institution of higher education in Colorado within 12 months of high school graduation and did not attend college outside of Colorado. Active duty status stationed in Colorado must be verified each term by the military installation using the Military Tuition Waiver Request Form.
  • Military dependents continuously enrolled in a Colorado college continue to qualify for in state tuition if the military member is transferred outside of Colorado and while the military member continues active military service. Active duty status stationed in Colorado must be verified each term by the military installation using the Military Tuition Waiver Request Form.
  • Unless you meet the requirements for establishing Colorado residency, this eligibility expires as of the first term that begins after retirement or loss of dependent status.

Military Members Domiciled in Colorado

  • To retain domicile during an absence from Colorado due to military orders, you must maintain Colorado as their state of legal residence for tax purposes and Colorado voter registration.
  • You may retain legal residence in your original state, or you may establish a new legal residence in a state in which they reside due to military orders. You may not establish domicile in Colorado while residing elsewhere or while being physically present in the state only on a temporary basis.
  • If you are domiciled in Colorado for one year and enter active duty military service and return permanently to Colorado within 6 months of discharge, you can qualify for in state tuition regardless of changes in domicile while on active duty.

 

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