(A) Notwithstanding another provision of law, during the period of their assignment to duty in South Carolina, members of the Armed Services of the United States stationed in South Carolina and their dependents are eligible for in-state tuition rates. When these armed service personnel are ordered away from the State, their dependents are eligible for in-state tuition rates as long as they remain continuously enrolled at the state institution in which they are enrolled at the time the assignment ends or transfer to an eligible institution during the term or semester, excluding summer terms, immediately following their enrollment at the previous institution. In the event of a transfer, the receiving institution shall verify the decision made by the student's previous institution in order to certify the student's eligibility for in-state tuition rates. It is the responsibility of the transferring student to ensure that all documents required to verify both the previous and present residency decisions are provided to the institution. These persons and their dependents are eligible for in-state tuition rates after their discharge from the armed services even though they were not enrolled at a state institution at the time of their discharge, if they have evidenced an intent to establish domicile in South Carolina and if they have resided in South Carolina for a period of at least twelve months immediately preceding their discharge. Active duty military personnel may be charged less than the undergraduate tuition rate for South Carolina residents for courses that are presented on a distance basis, regardless of residency.

(B)(1) Active duty military personnel may be charged less than the undergraduate tuition rate for South Carolina residents for courses that are presented on a distance basis, regardless of residency.

(2) For purposes of this section, "active duty military personnel" includes, but is not limited to, active duty guardsmen and active duty reservists.

(C)(1) Notwithstanding any other provision of law, a covered individual enrolled in a public institution of higher education and receiving educational assistance under Chapter 30, Chapter 31, and Chapter 33, Title 38 of the United States Code are entitled to pay in-state tuition and fees without regard to the length of time the covered individual has resided in this State.

(2) For purposes of this subsection, a covered individual is defined as:

(a) a veteran who served ninety days or longer on active duty in the uniformed service of the United States, their respective reserve forces, or the National Guard and who enrolls within three years of discharge;

(b) a person who is entitled to and receiving assistance under Section 3319, Title 38 of the United States Code by virtue of the person's relationship to the veteran described in subitem (a) who enrolls within three years of the veteran's discharge;

(c) a person using transferred benefits under Section 3319, Title 38 of the United States Code while the transferor is on active duty in the uniformed service of the United States, their respective reserve forces, or the National Guard;

(d) a person who is entitled to and receiving assistance under Section 3311(b)(9), Title 38 of the United States Code; or

(e) a person who is entitled to and is receiving assistance under Section 3102(a), Title 38 of the United States Code.

(3) A covered individual must live in this State while enrolled at the in-state institution.

(4) At the conclusion of the applicable three-year period in subsection (C)(2)(a) or (b), a covered individual shall remain eligible for in-state rates as long as he remains continuously enrolled in an in-state institution or transfers to another in-state institution during the term or semester, excluding summer terms, immediately following his enrollment at the previous in-state institution. In the event of a transfer, the in-state institution receiving the covered individual shall verify the covered individual's eligibility for in-state rates with the covered individual's prior in-state institution. It is the responsibility of the transferring covered individual to ensure all documents required to verify both the previous and present residency decisions are provided to the in-state institution.

HISTORY: 1978 Act No. 466, Section 5; 2008 Act No. 299, Section 1, eff June 11, 2008; 2010 Act No. 246, Section 4, eff July 1, 2010; 2012 Act No. 133, Section 1, eff April 2, 2012; 2015 Act No. 11 (S.391), Section 1, eff July 1, 2015; 2017 Act No. 22 (H.3034), Section 1, eff May 9, 2017; 2019 Act No. 10 (H.3639), Section 1, eff March 20, 2019.

Editor's Note

2010 Act 246, Section 5, provides as follows:

"This act takes effect July 1, 2010, contingent upon available funding and agreement by the Interstate Commission to SECTION 3 of this act."

Effect of Amendment

The 2008 amendment, in the second sentence, substituted "are eligible for in-state tuition rates so long as they remain continuously enrolled at" for "may continue for an additional twelve months to have this eligibility at", in the third sentence deleted "for a period of twelve months" following "in-state rates" and substituted "evidenced" for "evinced", and made nonsubstantive amendments throughout.

The 2010 amendment rewrote this section.

The 2012 amendment added the subsection (A) designator before the first paragraph; added language permitting active duty military personnel to be charged less than in-state tuition for distance learning classes at the end of subsection (A); and added subsection (B), regarding the definition of "active duty military personnel".

2015 Act No. 11, Section 1, in (B), added (1), and redesignated former (B) as (B)(2); and added (C).

2017 Act No. 22, Section 1, in (C)(2)(a), substituted "or the National Guard" for "and the National Guard" and deleted "or" at the end; in (C)(2)(b), deleted "3319(b)(9) or" following "Section" and added "who enrolls within three years of the veteran's discharge;"; added (C)(2)(c) and (d), relating to a transferor on active duty, and assistance under 38 U.S.C.A. â331(b)(9); and in (C)(4), inserted "or (C)(2)(b)".

2019 Act No. 10, Section 1, in (C), in (1), inserted ", Chapter 31,", in (2), inserted (e), in (4), substituted "subsection (C)(2)(a) and (b)" for "subsection (C)(2)(a) or (C)(2)(b)", and made nonsubstantive changes throughout.