My daughter is currently using my benefits at ECU in North Carolina, but due to retiring in Virginia in 2011, she unable to get in-state tuition for NC based upon she did not start using my benefits three years after I retired, which is before the law changed. Once would think they would Grandfather dependents of those who retired before the law was in effect. The three year rule is the sticking point and the even though the VA says that an IHL can grant in-state tuition, the school will not budge and I may need to take this up with my Representative in Congress, as well as file a petition with the White House.
The information below is taken directly from the VA's website and note that the last paragraph addresses the IHL having the right to grant in-state tuition regardless of the VAs requirements.
Section 417 of Public Law 114-315 requires VA to disapprove programs of education for payment of benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty at public Institutions of Higher Learning (IHLs) if the school charges qualifying Veterans and dependents tuition and fees in excess of the rate for resident students for terms beginning after July 1, 2017.
To remain approved for VA’s GI Bill programs, schools must charge in-state tuition and fee amounts to “covered individuals.” A covered individual is defined as:
A Veteran who lives in the state where the IHL is located (regardless of his/her formal state of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more.
An individual using transferred benefits who lives in the state where the IHL is located (regardless of his/her formal state of residence) and enrolls in the school within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school. The person so described must have enrolled in the school prior to the expiration of the three year period following discharge or release as described above and must be using educational benefits under either chapter 30 or chapter 33, of title 38, United States Code.
Anyone using transferred Post-9/11 GI Bill benefits who lives in the state where the IHL is located and the transferor is a member of the uniformed service who is serving on active duty.
Anyone using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state where the IHL is located (regardless of his/her formal state of residence).
The in-state tuition provisions in Section 417 do not apply to those individuals on active duty using benefits under the Post-9/11 GI Bill and Montgomery GI Bill-Active Duty.
Public IHLs must offer in-state tuition and fees to all covered individuals with Post-9/11 GI Bill and Montgomery GI Bill - Active Duty (MGIB - AD) benefits in order for programs to remain approved for GI Bill benefits for terms beginning after July 1, 2017. After July 1, 2017, VA will not issue payments for any students eligible for the Post-9/11 GI Bill or the MGIB-AD until the school becomes fully compliant. These requirements ensure our nation’s recently discharged Veterans, and their eligible family members, will not bear the cost of out-of-state charges while using their well-deserved education benefits.
It depends on your school's policy and rules:
By law, schools are allowed to have additional requirements that must be met in order for a “covered individual” to be charged the resident rate for tuition and fees.
Also, some schools grant the resident rates to students with military connections (current or former member of the Armed Forces, or dependents of current or former members of the Armed Forces) regardless of whether they are “covered individuals.”