A “covered individual” is defined in the Choice Act as:

  • A Veteran who lives in the state where the school is located (regardless of formal state of residence) and enrolls in the school from a period of active duty service of 90 days or more;
  • An individual using transferred benefits who lives in the state where the school is located (regardless of his/her formal state of residence) and enrolls in the school from a period of active duty service of 90 days or more;
  • An individual using benefits under the Fry Scholarship who lives in the state where the school is located (regardless of his/her formal state of residence) and enrolls in the school who’s sponsor was killed in the line of duty following a period of active duty service of 90 days or more;
  • Students maintain covered individual status as long as they are using Post 9/11 GI Bill®
  • (Chapter 33) or MGIB-AD benefits (Chapter 30) and remain continuously enrolled at the SAME public university
    • Continuity of enrollment is not broken by regularly scheduled breaks between courses, semesters or terms
    • Individuals do not have to enroll in summer sessions to maintain continuous enrollment
    • If a student exhausts entitlement or chooses not to receive GI Bill® benefits under Post 9/11 GI Bill® or Montgomery GI Bill®-Active Duty, the provisions of section 702 no longer apply, even if the student remains continuously enrolled
  • Section 702 only applies after the Servicemember has been discharged

Q: Is the covered veteran or dependent who qualifies under the Choice Act and BOR Policy considered a resident of Montana for tuition purposes?

A: No, the covered veteran or dependent falls under an exception to the residency requirements and is eligible for resident tuition and fees as long as he or she qualifies for the exception. A student who remains continuously enrolled will remain eligible for the exception despite being outside of the three year time period since discharge or death in the line of duty.

Once eligibility is exhausted, the covered veteran or dependent will not receive the benefit of exception, and unless he or she has taken steps to establish Montana residency, will be required to pay out-of-state tuition. For this reason, it is recommended that all covered individuals take the steps necessary, as soon as enrollment begins, to establish Montana residency. Please consult with the registrar or veteran’s services to determine what steps you should take. In establishing residency, the student is considered to be exempt from the presumption criteria states in BOR Policy 940.1 I.(4)(a).

GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government Web site at https://www.benefits.va.gov/gibill.