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Residency Regulations for Tuition Purposes
1.- Introduction
Under State statutes and Coordinating Board rules and regulations
interpreting those statutes, a prospective student will be classified as a
resident, non-resident, or international student. A person who has lived in
the state under circumstances specified in these rules will be eligible for
classification as a resident. A citizen, national or permanent resident of
the United States who does not meet resident criteria will be classified as
a non-resident. An alien who is not a permanent resident of the United
States and who has not been permitted by Congress to adopt the United
States as his or her domicile while in this country will be classified as
an international student.
An individual classified as a non-resident or international student may
qualify to pay resident tuition rates and other charges while continuing to
be classified as a non-resident or international student under certain
exceptions specified in these rules.
Minors and Dependents
Residency of a Minor or Dependent is based on one of the following
circumstances:
- The residence of the parent who has custody at the time of enrollment
(upon divorce of parents);
- The residence of the parent who has claimed the dependent for federal
income tax purposes both at the time of enrollment and for the tax year
preceding enrollment; or
- The residence of the parent with whom the dependent has resided for the
12 months prior to enrollment.
Custody by Court Order: If the custody of the minor has been granted by
court order (e.g.: divorce decree, child custody action, guardianship or
adoption proceedings) to some person other than the parent, the residence
of that person shall control; provided, however, that such grant of custody
was not ordered during or within a year prior to the minor's enrollment in
a public institution of higher education and was granted under
circumstances indicating that such guardianship was not for the purpose of
obtaining status as a resident student.
If the minor is not residing with either parent, and there is no
court-appointed guardian, the residence of the parent with whom the minor
last resided shall be presumed to control. If, however, the minor resided
with and has been dependent upon a grandparent for more than a year prior
to enrollment in an institution of higher education, the residence of that
natural guardian will be regarded as the minor's residence. The residence
of a person other than a parent or a natural or legal guardian who may
furnish funds for payment of tuition, fees, or living expenses will in no
way affect the residence classification of a minor.
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