The Higher Education Opportunity Act of 2008 (HEOA), also known as Public Law 110-315, has some good news for military families. As of July 1st, 2009, public universities or colleges in many states must charge in-state tuition rates to military personnel on active duty and their dependents, whether the servicemember is a legal resident of that state or not. Better still, if your sponsor gets orders and has to move while you’re in college, you won’t be switched to the budget-busting out-of-state tuition rate when your address changes.

First, some definitions: In this law “military” means someone in the Army, Navy, Air Force, Marine Corps, or Coast Guard. The military member’s “active-duty” status must be for no less than 30 days. “Active duty” includes full-time training duty, annual training duty, and attendance (while in the active military service) at a military service school. “Active-duty” does not mean full-time National Guard duty in this case.

Section 114 of the HEOA is the one that talks about tuition rates for armed forces members and their families. It says that “public institutions of higher education” can’t charge higher than in-state tuition to anyone in the military who is on active duty for more than 30 days, and whose domicile or permanent duty station is in a state that receives assistance under the Higher Education Act (HEA). So how do you find out if the state where you’re living receives HEA assistance? Ask at the admissions or financial aid office of the college you’d like to attend; they will know.

The best part is, once you are enrolled at the in-state tuition rate, the school has to keep you at the in-state rate as long as you are continuously enrolled, even if your sponsor has a change in permanent duty station to a location outside of the state. So no more losing your in-state status when your family has a PCS and moves away!