Notice of Intended Action

Resident classification of veterans, qualified military persons and other qualified individuals, 1.4(2)“b”

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ARC 2176C

REGENTS BOARD[681]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 262.9(3), the Board of Regents hereby gives Notice of Intended Action to amend Chapter 1, "Admission Rules Common to the Three State Universities," Iowa Administrative Code.

The proposed amendment revises paragraph 1.4(2)"b" to bring the public universities into compliance with the Home Base Iowa Initiative as well as with the federal Veterans Access, Choice and Accountability Act of 2014 (Choice Act).

Any interested person may make written comments on the proposed amendment on or before October 20, 2015, addressed to Andrea Anania, Board of Regents, State of Iowa, 11260 Aurora Avenue, Urbandale, Iowa 50322-7905; fax (515)281-6420; or e-mail anania@iastate.edu.

A waiver provision is not included. The Board has adopted a uniform waiver rule, which may be found at 681—19.18(17A).

After analysis and review of this rule making, a positive impact on jobs could exist. This rule making will allow qualifying veterans, their spouses/domestic partners, and their dependents to be classified as residents for the purpose of receiving in-state tuition. This rule making provides that veterans will be allowed to receive veterans' benefits; therefore, veterans may be attracted to the state for their postsecondary education and decide to remain in the state after graduation. This rule making reduces tuition costs for veterans and their spouses and dependents and thereby provides them opportunities for postsecondary education allowing them the opportunity to obtain better paying jobs.

This amendment is intended to implement Iowa Code section 262.9(3).

The following amendment is proposed.

Amend paragraph 1.4(2)"b" as follows:

b. Additional guidelines are used in determining the resident classification of a veteran, qualified military person, and children and spouses of a veteran or qualified military person other qualified individuals for purposes of admission and undergraduate, graduate, or professional, or certificate tuition and mandatory fees:

(1)A person who is stationed on active duty at the Rock Island arsenal as a result of military orders, or the child or spouse/domestic partner of such person, is entitled to resident status for purposes of undergraduate, graduate, or professional tuition and mandatory fees. The child or spouse/domestic partner may be required to submit appropriate documentation to the university.

(2)A veteran who is eligible for benefits or has exhausted benefits under any federal program authorizing veteran educational benefits is entitled to resident status for purposes of undergraduate, graduate, or professional tuition and mandatory fees. The child or spouse/domestic partner of a veteran who meets these requirements is entitled to resident status for undergraduate, graduate, or professional tuition. The rules for classification of veterans and qualified individuals shall be in full compliance with all federal laws, including Section 702 of the Veterans Access, Choice, and Accountability Act of 2014 (Choice Act). The child or spouse/domestic partner qualified individual may be required to submit appropriate documentation to the university.

(3)A person who is moved into the state as the result of military or civil orders from the government for other than educational purposes, or the child or spouse/domestic partner of such a person, is entitled to resident status. The child or spouse/domestic partner may be required to submit appropriate documentation to the university. Legislation, effective July 1, 1977, requires that military personnel who claim residency in Iowa (home of record) will be required to file Iowa resident income tax returns.

Regents Board

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 10/20/2015.

Official Document

  • Resident classification of veterans, qualified military persons and other qualified individuals, 1.4(2)“b”
  • Published on 9/30/2015
  • 979 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

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View the Iowa Administrative Bulletin for 9/30/2015.

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Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 681-1.4(2)"b"
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