Dear Colleague Letter GEN-14-15 provides information on how the Supreme Court’s Windsor decision affects the eligibility of spouses of certain members of the armed forces to receive in-State tuition at public institutions of higher education.
In general, section 135 requires a State that receives assistance under the HEA not to charge a member of the armed forces who is on active duty for more than 30 days and whose domicile or permanent duty station is in the State more than the in-State tuition rate for attendance at a public institution of higher education. Critical to the subject of this letter is that section 135 also provides that the spouse or dependent child of such a service member may not be charged more than the in-State tuition rate.
All States that receive assistance under the HEA and their public institutions of higher education are expected to comply with section 135 of the HEA, regardless of any conflicting provisions of State law. If a State that receives assistance under the HEA does not comply with section 135, the Department may take appropriate steps to ensure compliance.
For details of this DCL click on this link: http://www.ifap.ed.gov/dpcletters/GEN1415.html