Vol. 32 Iss. 2 - September 21, 2015

Chapter 20
Final Regulation

REGISTRAR'S NOTICE: The State Council of Higher Education for Virginia is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Council of Higher Education for Virginia will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 8VAC40-20. Regulations for the Senior Citizen Higher Education Program (amending 8VAC40-20-20).

Statutory Authority: §§ 23-9.6:1 and 23-38.56 of the Code of Virginia.

Effective Date: September 21, 2015.

Agency Contact: Melissa Wyatt, Senior Associate for Financial Aid, State Council of Higher Education for Virginia, 101 North 14th Street, Ninth Floor, Richmond, VA 23219, telephone (804) 225-4113, FAX (804) 225-2604, or email


The amendment conforms to Chapter 146 of the 2015 Acts of Assembly by increasing the maximum state taxable income a senior citizen may have, from no more than $15,000 to no more than $23,850, to be eligible to have tuition waived to take higher education courses for academic credit.

8VAC40-20-20. Eligibility.

A senior citizen may take courses without paying tuition or required fees, except for course materials, under certain conditions. If the senior citizen has taxable income of not more than $15,000 $23,850 in the preceding year, the individual may take a course for academic credit free of tuition or fees, except for fees established for the purpose of paying for course materials, such as laboratory fees. A senior citizen, regardless of income level, may audit a course that is given for academic credit or take a noncredit course free of tuition or fees, except for fees established for the purpose of paying for course materials, such as laboratory fees.

No limit is placed on the number of terms, quarters, or semesters in which a senior citizen who is not enrolled for academic credit may register for courses, but the individual can take no more than three noncredit courses in any one term, quarter, or semester. There will be no restriction on the number of courses that may be taken for credit in any term, semester, or quarter, or on the number of terms, semesters, or quarters in which an eligible senior citizen may take courses for credit.

The two additional conditions listed below shall be met before a senior citizen may take a course under the provisions of this program:

1. The senior citizen shall meet the appropriate admission requirements of the institution in which the student plans to enroll,; and

2. The senior citizen may be admitted to a course only on a space-available basis after all tuition-paying students have been accommodated. State institutions of higher education may make individual exceptions to this procedure when the senior citizen has completed 75% of the requirements for the degree.

An institution has no special obligation to offer courses specifically to meet the needs of senior citizens or to continue to provide a particular course for a senior citizen who has registered for the course if the regular enrollment in the course is not adequate to justify the offering.

Nothing in this regulation exempts a senior citizen enrolled in a course from the requirements for attendance and completion of course assignments.

VA.R. Doc. No. R16-4477; Filed August 24, 2015, 3:09 p.m.