PLEASE NOTE:  This post has been updated since it was originally published to reflect my now more thorough understanding of this issue based on additional input from some of the fine administrators from JMU. 



I frequently receive questions from the parents of JMU students asking whether they can buy a property in Harrisonburg as an investment property in order to qualify for in-state tuition rates.  If this seems like a far-fetched idea, check out the difference in tuition....

• In-State Full Time = $6,964 / year
• Out-of-State Full Time = $18,458 / year

So....can it be done?  Can a JMU student qualify for in-state tuition even if their parents reside out-of-state?  Per my interpretation --- it is not very likely.

First -- if you want to start with the exact details, please check out the State Council of Higher Education for Virginia (SCHEV) web site where they provide a lengthy set of "Domicile Guidelines."

OK -- here we go, the bottom line is that if a student arrives in Virginia in August, is enrolled in JMU and continues to be enrolled in JMU (fall and spring semesters) for several years, then the presumption is still that they are in Virginia for education and not as "bona fide" domiciles.

So...how could a student establish themselves as a domicile in order to enjoy the in-state tuition rates? 

• If the parents physically move to Virginia, establish domicile for a period of one year then they MAY qualify for in-state status if they are a dependent student. 
• If a student marries a Virginia domicile to whom they are financially dependent, they MAY qualify for in-state status.
• If a student has a contract with a Virginia employer when they graduate, they MAY qualify for in-state status, but such a contract wouldn't usually exist until their senior year.

Beyond the parent(s) of a dependent student moving to Virginia and waiting a year (or one of the other small exceptions) it will be difficult.  A student would need to prove that they are an independent student, not receiving substantial financial support from their parents, and they will need to prove that they live in Virginia with domiciliary intent, not just for educational purposes.  As is quite clear, proving domiciliary intent will be difficult --- since they moved to Virginia in order to go to school, and it can be presumed that they are staying in Virginia to continue to go to school.

Of note, SCHEV lists a variety of criteria that may indicate domiciliary intent, but these actions are not determinate in themselves:

• Currently living in Virginia, and having done so for at least a year immediately prior to requesting eligibility for in-state tuition.
• Paying Virginia income taxes
• Holding a Virginia driver's license
• Having vehicles registered in Virginia
• Being registered to vote in Virginia -- -and actually voting.
• Being employed in Virginia
• Owning real estate in Virginia, and thus paying property tax in Virginia

SCHEV's Domicile Guidelines provide several additional criteria and explanations --- read it through fully, as the burden of proof is on the student when alleging qualification for in-state tuition.

My conclusion is this --- even if a student buys a house (or townhouse or condo) in Harrisonburg, lives in it, works in Virginia, pays income taxes in Virginia, has a car registered in Virginia, has a Virginia driver's license, votes in Virginia, intends to stay in Virginia after graduation, and is independent from their parents, that still doesn't necessarily mean that they will qualify for in-state tuition.  The issue, again, is that it will be difficult to prove domiciliary intent when the move to Virginia and continued residency in Virginia is so immediately and directly tied to attending JMU.

PLEASE NOTE:  This is not an official interpretation of Virginia Domicile Requirements, it is solely my interpretation of SCHEV's guidelines to provide a hopefully-useful summary for you.  If you have questions about these issues, contact the following people depending on your scenario....

• Incoming Freshmen should contact the JMU Admissions Office.
• Current Students should contact Linda Combs.
• Incoming Graduate Students should contact KathyThompson.

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Have any questions? Contact Scott Rogers at 540-578-0102 or scott@funkhousergroup.com