Tuition, in-state; undocumented persons to meet certain criteria, approval for. (SB1090)

Introduced By

Sen. Don McEachin (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


In-state tuition; undocumented persons. Establishes that an undocumented person who is unlawfully present in the United States shall not be eligible for in-state tuition unless he meets all of the following criteria: (i) he has resided with his parent, guardian, or other person standing in loco parentis while attending a public or private high school in this state; (ii) he has graduated from a public or private high school in the Commonwealth or has received a General Education Development (GED) certificate in the Commonwelath; (iii) he has registered as an entering student in a public institution of higher education in the Commonwealth; (iv) he has resided in the Commonwealth for at least three years immediately preceding his registration as an entering student in an institution of higher education in the Commonwealth or for at least one year if he is a veteran or an active duty member of the United States armed forces; (v) he has provided an affidavit to the institution stating that he has been approved for Deferred Action for Childhood Arrivals by the U.S. Department of Homeland Security; and (vi) he has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment. Read the Bill »


Bill Has Failed


01/09/2013Prefiled and ordered printed; offered 01/09/13 13101043D
01/09/2013Referred to Committee on Education and Health
01/15/2013Impact statement from DPB (SB1090)
01/21/2013Assigned Education sub: Higher Education
01/31/2013Committee substitute printed to Web only 13104827D-S1
01/31/2013Failed to report (defeated) in Education and Health (7-Y 8-N) (see vote tally)


ACLU-VA Immigrants Rights, tracking this bill in Photosynthesis, notes:

Virginia ACLU supports extending eligibility to apply for in-state tuition to undocumented students who have graduated from Virginia schools, lived in Virginia for longer than a year and are taxpayers of children of Virginia taxpayers and is monitoring this legislation.