The Vermont Statutes Online

Title 16 : Education

Chapter 072 : VERMONT STATE COLLEGES

• § 2185. Determination of residency for tuition purposes

  [Subsection (a) effective until July 1, 2025; see also subsection (a) effective July 1, 2025 set out below.]

  (a) The Board of Trustees shall adopt policies related to residency for tuition purposes, consistent with State and federal requirements.

  [Subsection (a) effective July 1, 2025; see also subsection (a) effective until July 1, 2025 set out above.]

  (a) The Board of Trustees shall adopt policies related to residency for tuition purposes, consistent with State and federal requirements. Any policies adopted by the Board shall not discriminate against or exclude a person based solely on the person’s immigration status, or lack thereof, if such person would otherwise qualify for and meet requirements for Vermont residency for tuition purposes as set forth by the Board and as permitted under federal law.

  (b) Any member of the U.S. Armed Forces on active duty who is transferred to Vermont for duty other than for the purpose of education shall, upon transfer and for the period of active duty served in Vermont, be considered a resident for in-state tuition purposes at the start of the next semester or academic period.

  [Subsection (c) effective until July 1, 2025; see also subsection (c) effective July 1, 2025 set out below.]

  (c) For determination of residency for tuition to the Community College of Vermont, a person who resides in Vermont shall be considered a resident for in-state tuition purposes, beginning at the start of the next semester or academic period after arrival in Vermont, if that person:

  (1) qualifies as a refugee pursuant to 8 U.S.C. § 1101(a)(42);

  (2) is granted parole to enter the United States pursuant to 8 U.S.C. § 1182(d)(5); or

  (3) is issued a special immigrant visa pursuant to the Afghan Allies Protection Act of 2009, as amended.

  [Subsection (c) effective July 1, 2025; see also subsection (c) effective until July 1, 2025 set out above.]

  (c) For determination of residency for tuition to the Community College of Vermont, a person who resides in Vermont shall be considered a resident for in-state tuition purposes, beginning at the start of the next semester or academic period after arrival in Vermont, if that person:

  (1) qualifies as a refugee pursuant to 8 U.S.C. § 1101(a)(42) (Immigration and Nationality Act definition of refugee);

  (2) is granted parole to enter the United States pursuant to 8 U.S.C. § 1182(d)(5) (temporary admission of nonimmigrants for urgent humanitarian reasons); or

  (3) is issued a special immigrant visa pursuant to the Afghan Allies Protection Act of 2009, Pub. L. No. 111-8 (8 U.S.C. § 1101 note), as amended.

  (d) The spouse and dependent child of any person who is a member of the U.S. Armed Forces and stationed in this State pursuant to military orders shall be entitled to be considered, upon taking up a residence in the State, a resident for in-state tuition purposes at the start of the next semester or academic period. The spouse or dependent child shall not lose classification as an in-state student if the spouse or dependent child continues to reside in the State and the member of the U.S. Armed Forces is transferred on military orders or retires. The spouse or dependent child shall lose this classification as an in-state student under this subsection if the spouse or dependent child no longer resides in the State and shall regain this classification upon again taking up a residency in the State only if the member of the U.S. Armed Forces is stationed in this State pursuant to military orders.

  [Subsection (e) effective July 1, 2025.]

  (e) Except as otherwise provided by law, or by consent of the individual identified in the record, information collected pursuant to this section that directly or indirectly identifies applicants or students, including grant, loan, scholarship, or outreach programs, is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. (Added 2003, No. 127 (Adj. Sess.), § 2; amended 2015, No. 19, § 1, eff. July 15, 2015; 2021, No. 140 (Adj. Sess.), § 5, eff. May 27, 2022; 2021, No. 166 (Adj. Sess.), § 1, eff. June 1, 2022; 2023, No. 136 (Adj. Sess.), § 4, eff. July 1, 2025.)