ED 150',923
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INSTITUTION
PUB DATE
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DESCRIPTORS
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ABSTRACT
DOCUMENT RESUME '
HE 009 666
Higher Education in the 'States..Volume 6
Number 3
(Special Issue 1).
,
Education Commission of the States, Denver, Colo.
78
24p.
Education Commission of the States, 822 Lincoln Tower
Building, 1860 Lincoln. Street,, Denver, Colorado
80203
MF-$0.83 HC-$1.67 plus- Postage.
Admission Criteria; Classification; *Court
Litigation; Higher Education; *Laws; *Nonresident
Students; *Residence Requirements; State Colleges;
*State Legislation; State Universities; *15lition
° *States (Geopolitical Regions)
Regulations governing classification of stddents for
tuition purposes in each of the 50 states (including Guam-, Puerto
Rico; and the Virgin Island's) are summarized. This
s followed by
.suFparies of a number of 'court cases challenging, the residency
cl4ssification procedures used by public institutions ofhigher
education. Each summary of state regulations indidates how many, sets'
of regulations exist in the state and identities the body or agency
that promulgated the rules. Further, each summary points out the
basic requirement for resident status, exceptions to the rules, and
appeal procedures if they exist. The cases summarized in the second
section, relevant legal actions, involve questions of the right of
public institutions to assess tuition charges, admission to public
colleges or universities, and the reclassification of students who
were initially considered nonresidents for 'tuition purposes. (SPG)
0
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Reproductions supplied by EDRS are the. best that can be made
,*,
from -the original document.
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PERMISSION TO REPRODUCE
THIS
MATERIAL HAS BEEN GRANTED BY
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TO THE EDUCATIONAL RESOURCES
INFORMATION CENTER
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USERS OF THE ERIC SYSTEM "
3HER EDUCATION IN THE STATES
Volume 6, Number 3 (Special Issue I)
14-
crs, In This issue:
This is the first special issue of Higher Education in the States (a "bonus" issue for subscribe& to the three
regular annual issues) of *hat we hope will be a ieries'of special reports requested by and of use to the
d
states In 1970 ECS published
report by Robert F. Carbone entitled Resident or Nonresident? that
examined the wide variety of practiCes An the various states determining residency or nonresidency of
students for tuition purposes in public institutions of higher, education. The report, now out of print,
included appendices containing summaries of state 'regulations 3318 relevant court cases as of early 1970.
This issue revises and updates the state regulations in effect as of December'1977 (page 125) and updates 4
the relevant,court cases as of December 15,1977 (page 140).
Publlshed by the Education Commissioh of the States
1978
Pa r 125-148
cp
L(
I: SUMMARY OF STATE REGULATIONS
This section contains brie( su mmaries of regula-
tions governing classification of students for tui-
tion purposes in
each state (including Guam,
Puerto Rieo and the Virgin Islands) Each summary
indicates how many sets of regulations exist to the
state and identifies the body or agency that
promulgated the
rules
Further, each summary
points out the basic requirements for resident
status, exceptions to the rules and appeal nroce-
dures if they exist.
Note that the term "parents" as used here means -
the mother and/or father of the student, the
person awarded legal custody or guardianship, the
person who assumes responsibility for the student
or the one upon whom the student is dependent.
In these summaries an effort was made to translate
the sometimes legalistic language to more common-
ly understood terms., The descriptions of those
states possessing several sets of regulations are of
necessity more geniral in nature. The intention is
to give the reader an overview of the xiiting rules
i
in each state. If specific details and efinitions used
in any state are required, it OS adbisable to secure
the complete statement of regulations from the
appropriate institution or 'agency in that state.
These summaries are not official statements of the
rules of any state and should not be interpreted as
such. It should be kept in mind that rules change,
intentions are often
difficult to ascertain and
interpretations differ.
ALABAMA
1
,
A section of the Alabama Code stipulates that a
student may not earn resident status while attend-
ing a state institution, but the detailed policy for
residency classification is made by the institutional
trustees or administrators. As a result the policy
varies among the colleges and universities. Several
universities, especially those that are near the
boundary of another state, have eliminated non-
resident fees entirely. The state's system of junior
;and community colleges no longer levies a nonresi-
dent fee on ,put -of -state stlidenti. At some univer-
sities <the minimum preriod required to qualify for
resident status. is 6 months prior to enrollment,
while at others it is 12 months. Exemptions from
nonresident fees are granted to different categories
of students at the several institutions. Some ex-
empt teaching and research assistants, while, some
do not and one institution exempts all graduate
students. Faculty and their dependents 4and the
dependents of military personnel pay resident fees
in most institutions. When parents move from the
state some institutions consider dependent children
nonesidents immediately, While ottiers allow them
to continue as resident students for six months.
One institution allows emancipated students who
cannot claim residency in any other state to
qualify
for resident fees, but they must pay
out-of-state rates during their initial year of atten-
dance. Some of the institutions have no formal
appeal procedure. In pose that do; appeals are
usually handled by an administrative officer.
2- 125 -
10.
ALASKA
'
Alaskan residents, as well as students from Hawaii,
the YukOn Territory and the Northwest Territor-
ies, are exempt from a nonresident tuition fee. For
purposes qL nonresident tuition a resident is any
person wh'e has been physically presentiAfalska
for one year (excepting only vacations or other
absence for temporary purposes with intent to
return)'and who declares intention to remain
Alaska indefinitely.
Howevef, -.any person who
within one year has declared hiniNf/herselftte-be
a resident of another state, voted in ariOtherstate
or done any act-inconsistent with Alaska residence,
shall be deemed a nonresident for purposes of
nonresident tuition.
An unemancipated person
under, the age of 18 who has a parent or guardian
who quaEfie's as an Alaska resident, as defined
above, shall be deemed a resident, and otherwise
such unemancipated person under the age of 18
shall be deemed a nonresident for purposes of
nonresident,tuition.
(
ARIZONA
Gurdelines established by the Arizona Board of
Regents in accordanCe with statutory. mandate
cover the three Public universities in the state. Tffe
student, or his parent or guardian, must, have
resided in Arizona, for one year prior to registration
to qualify as a resident and be able to establish that
residency by ,clear and convincing evidence. Non -
resident tuition fees are waived for- students carry-
ing fewer than seven credits and certain military
personnel and their.dependents are granted waivers
or in-state residency. Teaching assistants and grad-
uate assistants may receive a waiver of nonresident
tuition fees as a .portion of compensation. A
committee on legal residence on each campus hears
appeals, which must be filed within 35 days of the
last day of registration.
ARKANSAS
.
Residency regulations
in
Arkansas 'are recom-
mended by the State Board of Higher education
and adopted by the institutional boards of trustees.
All institutions abide by the same regiflations.-No
stUdont shall be admitted to a state-supported
institution with an in-state classification unless he
or she is a bona fide domiciliary of the state and
has resided in thstate in that status for at least six
.,consecutive months prior 'to the beginning of the
which fees are to be paicrrnitial classifica-
tion 'as an out:of-state student shall nbt prejudice
the right of the student to be reclassified if he or
she has acquirVcr
domicile and has
resided in the state (hereafter for. six continuous
months prior to 'reclassification. For
os students
whose status depends u
e place of -parental
residence, the a ove shall determine the-domicile
of theAprents. Marriage constitutes emancipation
of minors, both male and female. As long as she is
living with him, the domicile of a wife is the same
as that of her husband. Students living in the states
bordering Arkansas Who receive mail at an, Arkan:
sas post office are not considered residents of the
state. A member of the armed forces stationed in
Arkansas under military orders, as well as his or her
unemancipated dependents, shall be entitled to
in-state classification.
CALIFORNIA
A student must have been a California resident for
at least one year immediately preceding the resi-
dency determination date. At state universities the
residenCy determination date is set for each aca-
demic term. The student who is within the state
solely for. educational purposes does not gain
residence status regardless of the length of stay in
California. In general, the 'unmarried minor derives
legal residence frqm his/her parents or, in the case
of permanent separation of the parents, from the
parent with whom the minir maintains his/her
place of abode. The residence of a minor cannot 1Se
changed by act of the minor or that of the minor's
guardian so long as the minor's parents are living. A
person may establish his or her residence and
.marriage i$ not a governing factbr. Exceptions are
'provided as follows:
(1) Students below-age 19 whoge parents were
residents of the state but left the state while the
student who remained was still d minor; when the
minor reaches age 18, the exception continues for
one year to enable the student to qualify as a resi-
dent student.
(2) Student's below age 19 who have been
present in the state for more than one year before
the
residence determination date and entirely
self-supporting for that period of time.
(31 Military personnel and
their dependents
while on aitive duty in the state, an exception not
lost by the transfer of the military person to a post
outside the United States.
.(4) An adult alien student if the student has
been lawfully admitted to the United States for
permanent residence, provided that the student has
had California residence for more than one year
after such admission.
(5) State university and colleges employees,
children and spouses.
At the University of California, a student
is
entitled to resident classification if immediately
prior toyie residence determination datedie or she
1'
has lived with and been under the continuous
;direct care and control of any adult other than a
parent for not less than two years, provided the
adults have been state residents
for the year
immediately prior to the residence determination
date.
A,
COLORADO
The state statute that defines residen y regula'tions
kk all public institutions of higher education in
Colorado specifies that the student or his/her
parents or guardian must have resided in the state
for 12 months prior to enrollment to qualify for
resident status. Prior to the start of the 12-month
period, the student or the pal'ents njwst establish
domicile and indicate intent to remaqin the state.
Appeals are h,9ard i3y committees established on
each public coEege or university campus.
CONNECTICUT
No,
In' all institutions an unemancipated student (less
than 18 and under the care and custody of his/her
parents) qualifies for resident status if his/her
parents have resided iQ the state for six months. An
unemancipated person whose parent is a member
of the armed forces and stationed in the state is
classified as an in-state student. An emancipated
person may establish resident status after six
n'ionths if there is evidence that the student intends
to make Connecticut a pentanent residence. The
spouse of any in-state student
is classified
as
iri=state. Procedures for classifying students for
m tuition purposes are formulated by the institution-
al go.yerning boards based upon a combination of
facts under the guidelines that state: "In review-
ing a claim, relevant criteria. to be applied shall
include 'ear -round residence, voter registration,
place of filing tax returns, property ownership,
driver's license,
car registration,
marital status,
place of vacation employment and spurces of
financial assistance.' By agreement crl the presi-
dents, the University of Connecticut waives non-
resident fees for the children of faculty members
from the Universities of Rhode Island t nd Maine.
-DELAWARE
The University of Delaware: Student status for
admission and fee purpsoses is determined solely by
th
university and may or may not coincide with
domiciliary status for other purposes. The regula-
tion's governing student classification are intended
to differentiate between Delaware students and'
non-Delaware 'students 'in an equitable way, and
also to obviate, insofar as is practical, entitlement
to preferential classification in more than one state
at the same time. The status of an unemancipated
student is dependent on the domicile of the
parents Or legal guardian. The status of an emanci-
pated student is dependent on the student's domi-
. .cile. In the case of a married 'student, status may be
dependent dun the domicile of the spouse. In
general, to qualify as a resident the person on
'whim this classification is dependent must have
established a bona fide domicile in Delaware and
must have maintained
a
continuous residence
therein for a period of 12 full monthsiinmediately
prior to the first day of classes in the semester or
session
for which residency status
is claimed.
without supporting evidence to the contrary, it is
presumed that emancipated students do. not fulfill
the domiciliary and durational requirements while
their principal occupation is that of student.
Delaware State College. The residency status of all
students is determined during the time of their first
registration at the college. Students who are minors
are considered to be resident students if their
parents or legal guardians have been residents of
Delaware for at least one year. Adult students (at
least 18 years of aA) are considered to beresidents
of Delaware if they have been residents of the state
for at least one year prior to the date of the first
enrollment. A student may not change his/her
residential status during the academic year. He or
she may, however, apply for a change in status for
subsequent years by making a wnttei request to
the adrpissions office, accompanied by documen-
tary, evidence that confirms legal residency
Delaware.
..,
-
1
.
.
elaware Technical and Community College: A
student is considered to be a Delaware resident if
he/she, his/her patents or legal guardian reside In
Delaware and/or are subject to.\)ayment of Dela-
ware income tax.
a
,
Q
q
DISTRICT OF COLUMBIA
The Board of TruStees of the University of the
DistriCt of Columbia has determined the basic
requirement for residency status foE, Students of
the university as continuous domicile in the Dis-
trict of Columbia for three months immeelAately
preceding and including the date of registration.
Morkver, a student considered dmigor bylaw is.a
resident of the district if a living parent complies
with the above requirement.
be considered a
legal resident of the District aColurnbia, a student
must show proof of a permanent resideht where
he/she intends to return after an absence and also
intends to live for an indefinite period of time due
to the abandonment of a former residence. Proof
of a! permanent residence satisfies theconditibns of
-127 -
.4!
legal residency for aliens residing in the district on
permanent and immigrant visas. All students not
meeting the requirements for ,residency status of
the District of Columbia will be admitted to the
university as nonresidents.
FLORIDA
The Board of Regents hat-the, authority to make all
rules and regulations governing 4-re admission of
students into the State University System..APlonda
student ika person who shall have resided and had
domicilq in the state fo; at least 12 months
immediately preceding the first day of classes of
the current term. Students who are nonresident
aliens or who are
in the , United States on a
nonimmigratron visa are not entitled to reclassifica-
tion. However, Cuban nationals an
'Vietnamese
refugees are considered resident aliens
nd the
'
12-month domicile provision applies.to the r reclas-
sification. The spouse of any person classified as a
resident is likewise entitled to in-state classifica-
.
tion. A minor whose parent is in the armed forces
and stationed in Florida under orders is classified
in-state. The student while in, continuous atten-
dance, does not lose resident status if the parent is
transferred on military orders. This same provision
applied to nonmilitary students when a parent,
having been domiciled in te state, moves from the
state. In addition, an aim4d forces member on
active duty is classified as an in-state student.
Appeal from a determination denying in-state
.status may. be initiated by filing an action in court
in the judicial district in which the .institution is
located. Several special resident categories exist:
(Q.) veterans (including dependents) with
1L0 or
more years of active seeVice who retire in Florida
or who move to the state within one year following
retirement and intend to make Florida a perma-
nent home; (2) full-time elementary, secondary
and Amor college faculty (excluding spouses), and
(3) full-time faculty and career employees of the
university system and their immediate families,
excluding spouses. The State University System will
accept nonresident students not to. exceed .10
percent of the total systtimwide enrollment. -In
addition, out-of-state tuition may be waived to
. attract students who have skills or abilities that will
contribute to theacademic environment of faculty
and students.
GEORGIA
The 33 public colleges and universities in Georgia
are governed by residency regulations established
by the Board of Regents of the/University System.
The basic qualification for resident status is legal
domicile in
the state
for at least 12 months
immediately preceding registration. This applies to
persons 18 years of age or ,older and to emanci-
pated minors. The residency status of Minors is
determined by the status of his or her parents. A
person's residency status is determined independ,-:
ently of that of his or 11-4r spouse. University
System employees and their dependents and mili-
tary personnel stationed in Georgia and their
dependbrits are considered residents. Publfc school
teachers and their dependent children may enroll
as residents if the teachers have been legal residents
for the immediately preceding nine months, were
engaged in teaching dunng that nine-month period
and have been employed to teach full. ime. during
the ensuing school year., Nonresident graduate
_students who work one-third time or more as
tekching assistants are also classified as residents
for tuition purposes. ?oreign students attending
school under financial sponorship of Georgia civic
or religious groups are classified as residents. Career
consular officers and their dependents, actively
representing *their native countries and govern-
ments and whose nations have,educatio reciproc-
ity
arrangements with
the United States,
are
considered residents. In each institution an appeals
procedure exists, with cases handled either by a
committee or an administrative officer, including
an appropriate hearing where requested, by the
student. That decision may be appealed to the
president of the institution involved. The student
may then apply to the Board of Regents for review
of the president's decision. Presently, aliens hold-
ing a visa that entitles them to permanent resident
status may establish legal residency in the same
manner as citizens.
GUAM
Policy governing assessment of tuition and fees is
the responsibility of the Board of Regents of the
University of Guam. Tuition is free to all fulltime
freshman and sophomore students who have re-
sided in Guam at least two years prior to admis-
sion. Honorably discharged veteran's of the United
States who have resided in Guam for two years are
exempt from tuition for all four undergraduate
years. Appe.als are referred to the 'attorney general
of Guam for final determination.*
,
HAWAII
The term "residence". used in the University of
Hawaii rules and regulations is synonymous with
the
term
domicile. Residence' status combines
physical presence in a place and the intent to make
*Information as contained in the 1970 survey,,No updated
informatiOtkot- Guam was received as of December 1, 1977.
F
128
5
such place one's permanent home. Intent has been
interpreted to include registration to vote, filing a
state income tax ;retu, purchase bf a home and
other
such
criteria.
Generally, no student
is
deemed a resident of Hawaii for tuition purposes
unless the /student is 19 years
older and has
resided in.,fhe state 12 months pri r to the first day
of instruction. Once a student is classified as a
nonresid
t, he/she will continue to be so classified,
until ke ntation of satisfactory evidence to prove
resident status. Statutory exemptions to the resi-
dency regulations include persons who are resi-
dents of a state that perthits Hawaii residents to
pay the same tuition fees as its own residents at
public institutions; military personnel and their
dependents while such personnel are on active duty
in Hawaii; persons domiciled in a district, common-
wealth, territory or insular jurisdiction, state or
nation providing no public institutions of higher
learning; and employees of the University
of
Hawaii and their spouses and legal de p en d e n ts. The
residence of married persons may follow that of his
or her spouse.
IDAHO
All publiC institutions.of higher education in Idaho
are
&.,Kerned by residency regulations established
by ,khe Sate Board of Edification for determination
of status and procedures fOr review. By statute
D.
resident student is any student under legal voting
age whose parents are domiciled in Idaho (laving
resided in Idaho for an indefinite time and aban-
doned the former residence), or any student of
legal voting.age or older whohas esided in Idaho
continuously for 12 months immediately prior to
the opening day of instruction. There are a number
of other ways to gain residency status, including
(1)
gradagtion from an
accredited secondary
school in Idaho, regardless of the residence
f the
parent, if the student matriculates at a
blic
'higher education institution dunng the term imme-
diately following graduation; (2) marriage to a
person classified or eligible for classification as a
resident; (3) membership in the armed forces if
statidned in Idaho; (4) residency, if under legal
voting age, with a parent or guardian,stationed in
Idaho as a member of the' armed forces; (5)
residency, if under legal voting age, with a spouse
in Idaho for 12 months immediately prior to the
opening day of instruction; and (6) designation of
Idaho as the home' state upon separation under
,honorable conditions from th e armed forces after
at least two years of service. The State Board of
. Education may , waive
tuition to be paid by
nonresident students.
ILLINOIS
Illinois has four boards that -govern the senior
public institutions of higkefeducation in the state.
Each board has established regulations for resi-
dency determination in the institutions under its
control. This,has resulted in considerable diversity
in the regulations and their administration. Th4es,
minimum period of actual.residency in the state
needed to qualify for resident status vanes fro
months at one institution to 12 months at others.
Most institutions exempt faculty members and
their dependents. Teachinga4ssistants are exempt in
. most institutions. as are military 'personnel and
their dependents.. The University of Illinois ex-
empts /veterans and employee's (and their depend-
ents) of "allied agencies" of state government that
are related to the university program. Appeals are
handled by various administative,officers in each
institution.
INDIANA
41
The, governing board of each of the public univer--
:'sites and colleges in Indiana has established policy
for residency determination. In gerier0, a mini-
mum period of six months egal residence
is
required in the state to qualify for resident fees.
Exceptions to the rules vary among the institu-
tions. Some exempt only graduate assistants while
others exempt faculty and staff and their depen-
dents, foreign students and military personnel and
their dependents. Both Indiana and Purdue Univer-
sities have committees that hear appeals, and in the
case of the former institution an appeal may .be
icarried to the board of trustees.
IOWA
-The policy governing resident and nonresident clap
sification for the three public universities in Iowa
was established by the Board of Regents. It re-
quires that a sAlf-SupPorting student reside in the
state for 12 months before attaining resident status
for tuiti/In purposes. During the 12-month period,
the student shall not be enrolled for more than
eight semester credit hours (four hours in summer
session) at any of the institutions. The policy gov-
erning resident and nonresident classification for
the -to -year public community colleges and voca-
tional/technical schools is established by the State
Board of Public Instruction in cooperation with the
schools. It. requires that the ddmicile of a minor
student shall follow that of the parent or legal
guardian except when emancipation of the student
can be proved.
A student 18 years of age or older and a married
.
- 129 - 6.
'
student under 18 years of agq shall be cl
died as
a resident- for two-year colleges, universi
s. and
vocational/technical schools if 'the student's par-
ents were residents of the state when he/she,
reached majority or was married andlif the student'
is not domiciled in another state: A minor student"
whose parents move from Iowa aftfr,the student if
enrolled, remains a r,sident: until reachjng the age
of 18, provided that the student maintains continu-
ous enrollment in Iol'a and is not domiciled in
another state. For the universities, dependent chil-
dren of parents who enter the state with intent to
establish permanent domicile are considered resi-
dents at tire beginning of the next term, provided
the child has been a continuous student. The
spouse of a person who moves to Iowa for the
express purpose of accepting full-time employment
is considered a resident effective at the beginning
of the next term following his/her move to the
state. For community colleges and ,Nocational/
t*hnical schools, a'person who has reached the age
orrnajority shall be classified as a resident if he/she
has established donhcile within, the state at least 90
days prior to the beginning of the term for whidh
he/she first enrolls.
For universities, an alien residing in Iowa on an
immigration visa is subject to the same residency
rules as those for a-self-supporting adult. A certi-
fied refugee is accorded immediate residency status
provided he/she comes directly to Iowa from a
refugee facility or port of debarkation, or has re-
sided in' .another state for 100 days or less and
provides satisfactory documentation that he dr she
has an Iowa sponsor. For community colleges, an
alien residing in Iowa on a permanent resident visa
as classified by the Immigration and Naturalization
Service may be classified as a resident provided
that he/she has lived in the state for at least 90
days prior to the beginning of the term' for which
he/she first enrolls,
Military and federal personnel and their Minor chil-
dren who move into the state as the result of mili-
tary or civil orders and not for the primary purpose
of education are entitled tp residency status. Grad-
uate assistants at all three universities are eifeript
from nonresident 'fees. Faculty review committees
are established, on each university campus to hear
appeals, with final appeals going to the Board of
Regents. Review committees are established by each
area
community
college/vocational/technical
School to hear appeals on residency decisions, with
final appeals going to the local area school board.
KANSAS
A combination of state statute and Board of Re-
gents policy governs the determination of
n
resi-
dency status for the publicnstitt.li ns of higher
eduCation in Kansas. The law stiFul
s that 12
months residence in the state prior to ,enrollment
for any term or session is -,the minimum period
needed to qualify for resident status. Faculty mem-
bers, university staff and military personnel (and
the dependents of all these) are considered resi-
dents for tuition purposes as.are teaching, research
or project assistants employed by the institutions.
A reciproca'
Missouri th
certain aca
agreement exists between Kansas and
t enables undergraduate students in
emic fields and dental students to qual-
ify fox resident fees in the adjoining state. Resident
classification appellate committees exist on each
campus for the purpose of reconsidering original
classifications.'
KENTUCKY
The Council on Higher Education has established a
basic set of definitions and guidelines that assist
Kentucky public institutions'in residency determi-
nation. Persons or their parents who establish or
maintain permanent residence in the state have met
the basic qualifications' for resident status. This
applies to persons over 18 years of ageor to those
younger who are married and independent of their
parents. When parents leave the state, their chil-
dren are judged residents provided they maintain
continuous enrolment toward the completion of
one degree only. Military personnel t and their
dependents are considered residents, and thi
classi-
fication continues for dependents when the parent,
*i,s
overseas
An alien may earn resident status
except if he, possesses a student visa. On' an
institu onal basis, graduate and research assistants
are
cl
sified
as out-of-state residents, but the
institution remits partial tuition toithem to equ'al-
ife tuition. Faculty and staff members are residents
by virtue of the general definition of residency
covering all persons who establish a place of -
residence in the &tate. ARpeal committees, estab-
lished on the recommendation of the ecouncil, are
found on each camp is,
LOUISIANA
Separate but virtually identical statements of resi-
dency regulations have been establiShed by the
administration of Louisiana Statf University and
by the goverRip.g board of theother.public colleges
and universities in the state. 1136nts who establish
.a bona fide residence in Lotlisiana earn immediatZ
residence status for their children. An individual
who enters the state becomes a residenttor tuition
purposes after 12 consecutive months of residence,
provided he does not take morthan six credits of
130 -
7
,college work in any Semester during that period. A
student may also 'qualify if a deceased parent was a
resident at the time of death, providing the student
has not resided or been employed ou ide the state
for two years or longer. A resident
o leaves the
state retains resident status for himself and his
dependents for a period equal to the time he lived
in the state. This right expires after he has lived in,
another state for 5 years or in several other states
.,,, for 10 years. Full-time employees of the institu-
tioris, military and diplomatic personnel and the
dependents of all these are classified as residents.
Aliens on permanent visas can earn resident status
but those on student visas are considered nqi resi-
dents. Appeal arrangemen
exist on most cam-
puses, and Louisiana State University has both an
%
appeals -committee and a policy review committee
that se/yes as a higher appellate body. There is a
special tuition rate for students who are children of
alumni living out of state.
MAINE
An adult student, defied as one who is either
married or 18 years of age or older, must be able to
prove a bona fide domicile in thestate for at least a
year immediately prior to registration for the term
for which resident status is claimed. Upon proving
to be a domiciliary, a nonresident student may be
reclassified as a reSident. The decision is made by
the appropriate campus business manager. A stu-
dent does not acquire a domicile in ,Maine until he
or she has been in the state at least"a year primarily
as a permanent resident and not merely -as a
tudent. The domicile of an unmarried minor
follows that of the parents or legally appointed
guardian. The bona fide domicile of the father, if
living, otherwise that of theiinother,is the domicile
of such a minor, but if the father and mother have
separate places of residence, the minor takes the
domicile of the parent with whom be or she lives
or is Issigned by court order. If:a:nonresident
student has a spouse who has a reAidence in
the student shall be deemed to have a residence in
the state. In geheralt members of the armed forces
and their dependents are normally granted in -sate
tinter' rates during the\ period when they are onz,,,,
active duty within Maine.
MAR Y LAB:
."4
s.,
t r",,
Theti /versa* of Maryland Board of Regents and...c
the .Bpard of Trustees for State Universities ld-J;
Colleges have established
residency regulations
governing students at the campuses of the univer-
sity and the five state colleges. Each community
College, St. Mary's College of Maryland and Morgan
State University have residency, regulations peculiar
,
'14
C
-
to thoise institutions. In general a student may be
granted residency status if he/she is, derniciled in
Maryland for at least six consecutive months, prior
to the last day available for registration for a
forthcoming semester. itx determining domicile,
several considerations are made; for example hold-
ing or renting property in Maryland, maintaining
residence in Maryland fot six, consecutive months,
paying state income tax, registenng a motorvehicle
in the stateand'possessing avalid Maryland driver's
license and registienm to vote in Maryland. In
,
additioh, special circumstance residency require-
'
ments
apply
to
military
personnel and those
students who are spouses or dependent$ of a
full-time employee of the institution in question.
MASSACHUSETTS
-In Massachusetts separate but identical policies
covering residency detefmination have been estab-
lished by the Board of Trustees of the University
and by the state government }division of State
Colleges. To qualify for resident status a student or
his/her parents must have maintained a domicile in
the state for one continuous year prior ko accep-
tance at an edugotion institution. Emancipated
students mustpro7ide proof of their independence,
and ,students under guardianship must present
documentary evidence of the appointment of the
guardian. Wives assume the domicile and residence
of their husbands. Institution presidents are grant-
ed discretion
in handling individual cases. No
specific
exemptions
to
these
regulations ;were
reported. However, the University of Massachu-
setts,
by reciprocal
agreement with
the
state
universities in neighboring slates, accepts as resi-
dents the children of" faculty member from
from the
Universities
of
Connecticut, New Hampshire,
Maine and Rhode Island. No formal appeal arrange-
ments exist although th( state colleges report that
reqiitsts for reclassification may be forwarded to
the Division of State Colleges.*
MICHIGAN
A resolution of the'state legislature Describes the
intent of that body with regard to residen6T 'for
.tuition purposes, but the governing board of each
institution is responsible for establishing the specif-
- is policies. In general, actual residence for .six
- months prior to enrollment is the basic qualifica-
tion. The respective boards must', act in cases where
guardian seeks to qualify a student for resident
status. Most institutions waive nonresident fees for
faculty and staff and their dependents and for
*Information as contained in the T94Eturvey. No updated
information for Massachusetts was received as of December
1, 1977.
-1318
giaduate assistants. Military personnel musrreside
in the state for six months to qualify in
all
-institutions
except
Michigan
State
University,'
which waives the nonresident fee at first enroll-
Ment. Michigan State also waives the nonresident
fee for full-time Michigan school teachers, and
administrators,
and federal government ad-
ministrators or professionals,- civilian administra-
tors in military establishments, ordained clergymen
and students frbrn migrant worker families. Wayne
State University waives the nonresident fee for
students whose fees are paid by Michigan nonprofit
education or civic organizations. Appeal proce-
dures vary among the institutions but in most cases
an 'administrative.officer will hear appeals and has
the authority to make adjustments.
The classification of students for tuition pUrposes
in Minnesota is covered by policies established by
the respective governing boards for higher educa-
tion. At the University of Minnesota a student
qualifies for resident status if he/she or the parents
.maintain a bona fide domicile in the state for 12
months. If a student at one of the state universities
or his/her parents satisfy the six-months legal voter
qualification, the student is classified as a resident.
In all cages, a student may .earn residence while
enrolled. The state universities report, almost no
exceptions to their' regulations. The university
exempts graduate students employed at' least 25
percent time, civil service employees on 75 percent
time,
full-time faculty and their families and
diplomatio,officials. New full-time faculty at other
accredited Minnesota colleges, but not their fami-
Hies, are arso claisified as residentS/ by the univer-,
sity. Military personnel stationed in Minnesota earn
resident status in one year. The university consid-
ers all married students emancipated and thus
eligible to qualify as adults, that is, by acquiring
"interests of a relatively permanent chars er in
the
state." A resident female wilo marries a
nonresident retains her status for one year and a
nonresident female who marries a resident qualifies.
in one year. An interstate agreement with Wiscon- --
sin allows students living in,opo state to attend an
institution. in the neighboring state as a tesident
student.
An , interstate agreement with North
Dakota allows students to attend institutions other,
than afea vocational /technical institutes as resi-
dents. Appeal committees exist on most campuses
but in some state universities, requests for reclas-
sification are handled by .an appropriate adminis-
trative officer.
MINNESOTA
MISSISSIPPI
A section of the Mississippi statutes and subse-
quent Board of Trustees policy govern the determi-
nation of residency for tuition purposes ip the
eight senior Public institutions of higher education.
A continuous peridd of at least 12 months resi-
dence immediately preceding admission qualifies a
student for enrollment status. Any period of time
in which the student is actually enrolled is not
counted. When parents leave the state, their de-,
t)endents who are enrolled as resident students
immediately
become
nonresidents.
A ,manned
woman may claim the residence of her husband or
claim independent residence if she qualifies. Chil-
dren o
faculty or stuff men)bers are residents at
the institution where the parent is employed and
children of military person} el in the state are
residents, even if' theparen
later transferred
overseas. Each institution awards regional scholar-
ships that cover nonresident fees and each institu-
tion' is authorized to' *aive nonresident feek for
teaching and research assistants, holders of felfbw-
ships, Winners of athletic and band scholarships
and ate children of alumni.
Aliens whO are admitted as pernianent state resi-
dents may not be classified as nonresidents for
tuition purposes. Nonresident students -may peti-
tion "the institution for a change in residency/
status: Any person who has attained 21 years of
age grid has actually established residency and
resided in the state 12 consecutive months after
attaining 21 years of age may petition the institu-
tion for classification change. The institution may
make reasonable inquiry into the validity of the
clailn. and such petition.for change ofrstatus must>
be made on or before then last day a student may
register at the institution without penalty.
MISSOURI
fTwo sets Of regulations govern residency determi-
nation in MinOuri. One was formulated ox the
state's
Commigsion on Higher Education and
adopted by the six state colleges. The University,of.
'Missouri ''has its own regulations. However, both
have some common feature's, such as the require-
ment of 12 months of actual presence to qualify
for resident status. Both cdnsider faculty, staff and
military personnel (and the dependents :of
all
these)' as residents. The university grant$ resident
.status to allimited category'of graduate students,
those holding assistanceships requkring at least a 25.
percent
equiyalent emplOyment schedule
and those holdingefelfowships that do not Include
tuition. Southeast Missouri State extends residency
to graduate students and foreign students. ReciprO.
cal agreements with the University of Nebraska and
the University of Kansas allow students who would
.$
-132-
9
be classified as
residents at the
University of
`Missouri to qualify for resident fees__mx the architec-
ture Pilogram at Nebraska and the dental program
at Kansas. In the state,-colleges a student may also
claim resident
status if he/she, or the parents
register to vote in Missouri or pay at least $100 in
state incometaxes. Nonresident students at the
'University
of Missouri may apply
their state
income tax payments,
if
any,
against
tuition
charges and, in the case of a minor student, his
parent or guardian nay offset against tuition any
state . income- tax they paid. Appeal procedures
exist on all campuses with either a comanttee or an
administrative officer designated ror this purpose.
MONTANA
In 1973 the Board of Regents of the Montana
University System adopted rules for the determina-,
-
tiOn of fee status at state institutions Of higher
education in Montana. As a general rule-, a student
Must
have
been domiciled in Montana for 12
continuous months and have the intento become
domiciled.in this state. In addition, any graduate of
a Montana high school whose parents or guardian
lived in the state at least brie full year of the two
years immediately preceding his or' her graduation
from high school will be considered a resident for
not mote than five academic years if he 61*-she
remains in continuous attendance at an institution
( in the state. The spouse of any resident student or
person entitled to 'elas=lt,tion as a resident shall
be considered an in -state student. Also, the spouse
aid unemancipated children of a fully employed Or
fully retired person who can show evidence or
domiciliary intent may be
eligible
for in-state
status without having lived in the state for 12 ,
continuous months. (This provision was established
by state statute.) Appeals of Vonresident classifica-
tions may be made to the Commissioner of Higher
Education and the Board of Regents. The Board of
Regents' . fee waiver policy provides that two
percent of the total enrollment at any institution
may
be granted remission of the nonresident
portion of tuition.
NEBRASKA
State law governs the classification of °students for
tuition purposes in all public institutions of higher
education in Nebraska. Emancipated minors, stu-
dents of legal age and students not in the custody
of parents,
parent
or
guardian,.
shall
not be
considered residents unless an affidavit of intent
has been
signed' stating that Nebraska
is
the
student's pern'f'anent residence ard has been the
permanent residence for one year immediately
pnor to execution of the' affidavit. In addition, an
emancipated minor must not have been supported
.
for two years or more 1,5rior to registration. A
minor's residency follows. that of parents or guardi-
an and such parents or guardian must have estab-
lished a leorne in the state and intend to
the
state their, perinanent residence. A student does
not lose residency st'Atus. when parents move if
such student has the intention to make the state
his /her permanent residence. A nonresident who
marries a resident of the state is considered a
resident for tuition purposes. Aliens who have
started the naturalization. process and who intend
to make the state their permanent residence
are
considered residents for tuition purposes. Depend-
ents of staff members of the University of-'Nebras-
ka or one of the state colleges and members/of the
armed services, ox their dependents, on active duty
and assigned permanent duty station within the
state
are also considered residents for tuition
purposes.
NEVADA
4
State statutes outline regulations for determining
resident status for students at the University of
Nevada in Reno anti Las Vegas and campuses of
,
the Community College Division of the University
of Nevada System. If students or their families
have been bona fide residents Of the state for six
months prior to matriculation, they ,may be classi-
fiedi,as residents for tuition purposes All university
professional personnel, publit school teachers and
teachers
in
private
schools
that meet certain
cQrriculum requirements ate also considered to be
residents. No assessment of ,out-of-state tuition is
made for summer session attendance. Neither
marriage nor movement of the family to another
state affects the resident status of a student who
has previously qualified, arid a student who once
attended as a resident maintains that' statukunless
he abandons his Nevada residencf'e and estaNishes a
residence' elsewhere. Decisions of The admissions
officer may be appealed to an appellate board for
final determination.
NEW HAMPSHIRE
A student is classified as a residdnt or nonresident
for tuition purposes at the time of admission- to the
University of New Ham1hire System. The deci-
sion, made by the director of admissions, is based
upon information furnis4eYI by the student's
cation and any 'other relevant information...All
applicants living in New Hampshire are required to
submit a ,notarized statement to the effect that
their parents have been legally domiciled in New
Hampsh4 continuously for a pdnod of at least 12
months immediately pnor to registering for the
term for ,which the student is claiming in-state
133 -
status. Students admitted from states other than
New -Hampshire or from foreign countries are
' considered
nonresident throughout
their
entire
attendance at the university unless they shall have
acquired bona fide domicile in New Hampshire. If
the student maintains his/her residency apart from
that of his /her parents, the student must clearly
establish that his/her residence in New Hampshire
is for some purpose other than the temporary one
of bbtaining an education at the university. To
qualify for in-state, status, the student must have
been legally domiciled in New Hampshire contin-
uously for a period of at least 12 months prior to
registenng for the term for which in-state status is
claimed. The burden.of proof in all cases is upon
the applicant. In all cases the university reserves'
the right to make the final decision as to resident
status for tuition purposes.
NEW JERSEY
A student is classified as a resident for tuition
purposes upon admission to a New Jersey public
institution of higher education if the student or the
parents or guardian upon whom the student is
financially dependent has been a bona fide resident
of the state for at least one year immediately prior
to admission. A Atudent who, does not qualifyspis
considered to be in the state only for the purpose
of attending school. The Board of Higher Educa-
tion
has, established
regulations -to
identify
a
resident student who meets the state's require-
ment. The governing board of ad institution may
approve the remission of nonresident fees in excess
of resident-fees for students of foreign nationality,
up to 1 percent of the full-time enrollment.
NEW MEXICO
The Board of Educational Finance is diarged, with
the responsibility of establishing residency regula-
tions in New Mexico, and the regulations apply to
all public institutions of higher education in the
state.
A student or his/her parents must have
maintained a domicile in the states or 12 months
prior to registration to qualify for resident status.
A student (or his/her parents if studer4 is a minor)
who moves to the state must satisfy the 12-month
rule, declare intent to relinquish residency in other
states and establish it in New Mexico and provide
some evidence of efforts to carry out this intent
(registenng to _vote, gainful impiloyment, etc.).
Birth in New Mexico, descent from New Mexico
forebearers or being related to alumni of colleges in
the state dots not qualify a student for resident
status. Public and parochial school teachers of nine
months' service who intend to remain in the state
are considered
residents
for
tuition
purposes.
Arrangements for hearing appeals of nonresident
classifications vary among the institutions in this
state.
NEW YORK
The governing boards, of the State University of
NeW York and thp City UniVersity of New York
establish residenui re&ulations for their respective
systems of higher education. The State'University
of New York requires 'no minimum period- of
residence to qualify a gtudent for resident status. If
the student or his parents have established
a
doniicile in the state with intent to maintain it as a.
permanent domicile, the student, is ,considered a
resident for tuition .purposes. A state resident
attending a City 'Univertity of- New York senior
college is charged the same tuition rate as'a New
York City resident. The City University determines
a resident of New Yp-rk' City' or the state to be a
person who has continuously maintained his br her
principal place.of abode
the city of New York or
New York state
for a period of at least
12
consecutiv months immediately preceding the
first day of classes for the semester with respect to
which the determination is made and will maintain
his or her principal place'of abode irt, New Yo
City or in the state.
NORTH CAROLINA
As a result of a ,majpr reorganization of public
higher education
in
Nortti
Carolina
in 1972,,
adhunistration, of classification of students by
esiden'ce for tuition purposes was entrusted in
1973 to a reconstituted state residence committee
under the Board of Governors of the,,University of
North Carolina and the State Board of Education.
Upon recommendation from the committee, the
two boardf have adopted and periodically revise a
residences manual, which embodies administrative
and interpretiye policies relative to the residence
classification law. The statute and the manual
govern residence Assification for tuition purposes
at the constituent university institutions and the
community colleges and technical institutes.
A.persori may qualify for in-state tuition status.by
establishing legal res'idence in North Carolinaind
maintaining that legal residence for .attleast 12
months immediately prior to classification. The
legal residence of a stirdent's parents is prima facie
evidence, but not necessarily conclusive evidence,
of the student's legal. residence., The prima facie
evidence rule_ does not operate against a student.
'who, Prior to the enrolled term in quegtion, has
lived in North Carolina for five consecutive years.
The legal residence of married pelsons, irrespective
- 134 -*
br
of sex, is to be detenhined, gas with unmarried
persons, by reference to all relevant evidence of
residentiary intent. 'The_i'fact of marriage tb a
nonresident does not prece one from maintain-
ing North Carolina legal' residence,. nor does the
fact of marriage to a resident cause one io acquire
North Caroiina. legal residence. Hqwever, if * any
point in time, both spouses have become North
'Caralina legal residents, then each spouse may
claim the duration pf legal residence of the two,
winch is "the longer (With .reference to the 12-
Month durati6tIal requirement). Service
in the
armed forces outside North Carolina does not of
itself cause loss 'of reatdent tuition status. If a
student who is enrolled and is enjoying 'in -state
tuition status loses North Carolina legal, residence,
that student may'continue enrolled at the in-state
tuition rate for a 12-manth grace period. Residen-
'nary classifications' are subject to appeal review
'successively.
a ('!ampustleziel agent or committee
and to the state residence committee. Each institu-
tion establishes the details of it's own classification,
and appeal- review procedures and the committee'
has its own policies mid procedures.
NORTH DAKOTA
'State law defines the qualifications for resident'
status in all North Dakota institutions of higher
education. A student or his/her parents (or guardi--
an) must have resided in the state 12 months prior
to*Ins` /her registration to qualify for resident fees.
However, if the parents (or guardian) show proof
of -intent to establish residence in this state for a
period of years" the student may be declared a
resident f r tuition purpose. Others exempt from
payment of non
sidept fees are military personnel
and their dependents stationed in the state, de
.
pendents of faculty members at any institution of
higher Iearning'in the'state and ,persons married to
residents of- the state. In 1,973 an appeal procedure
was amended into the nonresident law that pro-
vides that "any student who, because of peculiar;or
unusual circumstances, is aggrieved by-the above
definition of a nonYesident student, may appeal to,
the Board of Higher Education and the board shall,
if 'it. determines the circumstances, justify such
action, admit such student to 'the institution of
higher learning,as- a resident fo'turtion purposes."
A. 1977 amendment redtwed the age level from
to 18 years, the Aarliest age the 121month waiting
period can begin.
Z141-110-
The Ohio Board of Regents through legislative
mandate establishes 'a statewide residency, rule
whose objective is to "exclude from treatment as
s
V
.
Ole
siderits those who .are -present ii( the state
nmarily for the purpose of attending 'a state- .
supported college or- university.'-' In general, 12'
m nths
is the period required' to establish -resi-
dency for tuition purposes. There are -tWo excep-
tio \is to the 12-month rule. Immediate residency is
awarded to persdns who are living and are gainfully
errilloyed on a self-sugtairung basis in Ohio and
wh
are enrolled as part -time students. 'Immediate
rest ency i also granted to a person on -active duty
, statts in, the United States military who is' sta-
.
honed and resides in Ohio.The,dependents of the
military person are also granted imm&liate resi-
denty. A resident, student .whose parents move out
of state while the student is enrolled retains his
residency status until the completion of his or lIer-'
degree provided, he or shet, is continuously enrollecl
during hat'period (summers excludN).-
OKLAHOr
The Qklahoma StareRegents for Higher Education '
have estabhshed policy on res,idency determination -
that governs the
classification of students in all
public higher education institutions. An.emanci-.
pated min'or or an :adult student who- enters the
state can Rant\ resident
status
in
12 . months
provided this peiod comes before he first enrolls.'
Adults who enter the/ state to work fu'l time, --
practice a profession ELY operate a business, can
' immediately take four credits (three' in summer
session) at residen
ates. IT parents rriove into the
state, with the int ntion of remaining as residents,
their dependent c ildren immediately assume resi-
dent status. Milit ry personnel stationed in, the
state,and their de endents.are exemptt
non-
resident
:on-
resident /fees and in
5brne
institutions faculty
members, their dep ndents and graduate assistants
are classified as, re idents for tuition purposes. A
.
nonresident woma
who marries a resident can
attain resident stat s upon.- next .registering, but
this does not appl
tv a nonresident Man Who
marries a resident. r resident woman does not lose
her resident status because she Marries a nonresi-
dent.
Appeals , CO s mittees are Sound on each
campus' governed by these regulations.
APEGON
1
The State Board of Higher Education sets policy
governing residence ' classification for all public r
institutions in Orego . The dependents of parents
who enter the state. ith the intent of establishing
a permanent clpmicile,are immediately considered
residents. Single adults and emancipated. minors .
may qualify by 6 months actual residence prior to
ehrolling and" 12 months after enrolling if, in the
latter situation, they also establiSh,.a bona fide
-,,
.
si
ti
135,12
permanent residence.
Federal
employees, both"
military and civilian, are considered residents as are
all students who hold degrees from accredited
institutions (except medical and dental students).
'Faculty members and their dependents are covered
by the rule regarding those' who enter- the state to
establish permanent residence. Graduates of Ore-
'gon high schools who enter as 'freshmen' maintain
their resident status even though their parents may
leave the` state. addition41 exemption's are granted
.to'sumnier session students, those taking less than
seven credits and those taking extension or corres-
pondence courses. An interinstitutional committee
hears appeals and may waive nonresident fees for
up to 5 percent of the total nonresident enrollment
for "good and
sufficient reasons." The State4
Scholarship Commission may `award fee remission
amounting to 10 percent of all nonresident fees
.collected to "qualified students from other states°
who are in need of financial assistance." 'Aliens,,
except those on student visas, may earn residency,-
and a resident woman married to a nonresident
maintains resident status only if her parents contin-
ue to assume her college costs. Voting in another
state is considered evidence of nonresideht status.
PENNSYLVANIA
There are two sources of regulations for determin-
ing Ilesideri'cy classification in Pennsylvania: the
Board of State College and University Directorg
(for 13 state collV'FStand Indiana University);.and
the Auditor General (for Pennsylvania Slate Uni-
versity, Temple Univefsity and the University of
Pittsbuth). Not less than 12 months continuous
residence in the state by the student or'his parents,
qualifies hini for resident status in .all'institutions.
Exemptions to these regulations vary among the
institutions. Generally, the state colleges do not
provide any exemptions except for military person-
nel and, their dependents stationed in the state and
for veterans returning to their homes in the state.
The major' universities exempt faculty and staff
'members and their dependents, government em-
ployees assigned in the state and military personnel
who maintain that state as, a home of record.
Appeal arrangements vary but usually an adminis-
trative officer or body on each ,campus is _desig-
nated to handle reclassification or appeal cases.
PUERTO RICO
The residence or a student
is not a relevant
consideLtion in the assessment of tuition or fees at
the University of Puerto Rico.*
*Information as contained in the 1970 survey. No updated
information for Puerto Rico was received as of December 1,
1977.
RHODE ISLAcID
_
For the purpose of determining a student's classifi-
cation as resident or nonresident, the word resi-
crence Shall mean a student's true, fixed and
permanent home and place of habitation. The term,
"emancipated student" shall mean a student who
has attained the age of 18 years and wh6se parents
are no lOnger under legal obligation tp support or
maintain such student. 'An emancipated student
must establish a bona fide residence in the state for
one year immediately preceding the first class day
of the first term of registration. Any unemanci-
patvg student whose parents qualify as residents
shall be considered a resident student. A student
from another state, or foreign country. who is
enrolled for a full program at a public college or
university will be considered not to have estab-
lished residence. Continued presence in Rhode
Island during vacation periods will not, of itself,
admit .a change of classification. A student whose
parent
is a member of the armed forces and
stationed in Rhode Island purspant to military
orders
shall
be
entitled
to
classrfication as a
resident student. The dean 9f admissions of each
institution shall classify each person qualified for
admission to a public college or university. Any
student who claims that his status has changed may
request the dean to redetermine his clas'sification.
A student may appeal the dean's decision to the
board of residence review, whose decision shall be
final.
,
SOU(T1-1\CAR0LINA
Student residency requirements for the purpose of
paying tuition and fees at state-supported colleges
and :universities are established by the General
Assembly. Briefly, the laws extend Sin-state
topersons who have been domiciled in South
Carolina for a period of no less than 12 months
with the intention of making a permanent home
therein, or in the case of unemancipated minors,
whose parents have been so domiciled. A "minor"
is a person who has nbt attained the age of 1,8. For
the purpose
of paying
tuition
and
fees,
the
following categories of personnel are considered
,
South Carolina residents regardless of length of
domicile in the state: (1) full-time faculty and
administrative employees of state institutions and
the spouses and children of such employees', (2)
spouses and children of active members7,-of the
artned services and active federal employees sta'-:.
tioned 'in South Carolina, (-3) persons and their
spouses and unemancipated childrelit who have
been domiciled in South Carolina for legs than 12
months but who hke fultitime employment ih the'
state. The governing board of the institution may
136
adopt policies for the abatement of any part or all
of the nonresident increment of tuition and fees
for students who are recipients of scholarship aid.
The Commission on 'Higher Education prescribes
uniform rules for
file
application of the laws
regarding residency. The implementation of the
rules of residency is a responsibility of the institu-
tion. Each has establiped procedures for determin-
ing .residenCy upon enrollment, and for the student
to appeal the, determihati6n if desired.
SOUTH DAKOTA3L'o:
The South Dakota bard of Regents determines
residencx policy for public' institutions. The par-
ents of a minor.applying for admission are consid-
ered
residents of South Dakota
if they have
established a permanent residence- within the state
at least six months immediately prior to, the date
of the minor's matriculation at a state institution.
A minor admitted before his /tier parents have
resided six months in the state will be reclassified
as a
xt1egistration after his pSrents
have had, in-state residency for six months. ':.k
minor whose parents move out- f-state
ered
a nonresident
, commenci
"with the first
registration after' six months from the date of
parents' move. `A resident student 18 years old or
over is one whose parents were residents of the
state at the time the student reached 18, or who,
while an adult, has_ established 'residency by being
in the state six months immediately prior to
registration. A nonresident student,who reaches 18
years of age while a student does not automatically
attain residence status.
Individuals moving into the state as a r Cult of
militarw or civil ordeis, or a minor child
f such
persons; qualifies for residency status of er 12,
months. Marriage of a nonresident to a per'S-on who
is classified as a resident qualifies the nonresident
spouse for residency. An ,alien who established a
residency' 4 living in South Dakota at least 12
months prior to
registration
is classified as a
resident. Any person on full contract to a college
or university or classified as a graduate assistant on
a contract and his/her dependents will be classified
as residents. Residency' classification may be ap-
peale'd to the Board of Regents. During such appeal
the student is classified as nonresident.
TENNESSEE
A policy govttning residency classification for all
public 4highei education institutions in Tennessee
lAS been developed through the cooperative"efforts,
bf the governing boards and the Tennessee Hig
Education 'Commission. Children of parents wh
.4c
establish legal dpmiciles in the state are normally
considered residents for tuition purposes while
single individuals qualify for, resident status if they
have been employed in the state for 12 months
while not a full-time student. An adult or married
student who dwells in a house on his own property
in Tennessee is considered a resident. Wives gener-
ally assume the husbands status but they may
qualify independently on other grounds. Nonresi-
dent miles who marry resident females are classi-
fied as residents in assessing tuition charges, as are
aliens who intend to become-citizens or Aho are on
permanent' visas. Military persondel stationed in
the state and their dependents, and veterans with
12 months sell ice' who elect to settle in Tennessee,
are also granted resident status. In same institu-
tions graduate students with teaching, research or
project
assistants
are not required to pay
nonresident
fees.
ppeals are heard by special
committees in eac
stitution and further appeals
may be carried to the governor
ards.
TEXAS.
The basic regulations covering residency determina-
tion in Texas are found in the civil ;statutes. The
Coordinating Board, Texas College and University
System, has provided a detailed interpretation and
a set of operational definitions for the guidance of
postsecondary institutions in the state. Gainful
employment and maintenance of a domicile in the .
state for at least 12 months prior to enrolling are
the basic requi1ements for qualifying a person (but
excluding aliens on ,temporary visas) or his /her,
dependents for, resident status. Fersons in the
following categories (incruding aliens on temporary
visas) are also considered to be residents ,for tuition
purposes: new faculty members or employees, of
public colleges and universities and their depend-
ents; teaching, research and project assistants in the
institutions; military personnel ,stationed in the
state and their dependents,.dependents of rthlitary
personnel whose last immediate assignment' was in
Texas, survivors of military personnel- killed while
in the service. Nonresidtnts (excluding alieris on(
temporary viasa), whether they are male or female,
who marry residents qualify for resident status,
and residents who marry nonresidents maintain
their status as long as they do not adopt the legal
domicile
of the .spouse. Special committees or,
designated administrative offices are authorized to
hear appeals of nonresident classification-on each
,
of the college or university campuses.
UTAH.
,
Me,mber institutions of the Utah State System of
Higher Education are governed by rules and regula-
tions established by the Board'of Regents. Resi-
dence for a 12-month period prior to enrollment
qualifies an adult student'for resident status. A
'minor whose parents move,to Utah to establish
permanent domicile shall immediately be eligible
for residency status. A student maintains residency'
status even when his/her family leaves the state. An
emancipated minor may qualify, for residence
under' rules that apply to a single adult. Aliens with
permanent resident status may qualify according to
applicable criteria for other citizens of the state.
Military personnel assigned to active -duty in Utah;
their spouses and children, may be entitled to
residency status for tuition pur oses. Upon termi-
nation of military duty status, they are governed
by standards applicable to n
military persons.
Students may appeal the residency classification
ruling by an admissions officer to the institution's
board of appeals for residency matters, the estab-
lishment, membership and procedures of which are
governed by institutional regulations approved by
the individual institutional councils.
- VERMONT
The two higher education governing boards, ih
Vermont establish residency regulations for the
institu tion s
er
e
oth require that a
student must have been continuous y
miciled in
the
state for one year prior to
the_ date
o
application for a change to Vermont residency
status. D,omicile for residency purposes means a
person's true, fixedInd permanent home to thich
he intends to return when absent. Marital status
shall not determine residency. Whenever a resident
student loses Vermont domicile, as in the case of
minor whose parents move from the state, he/she
shall be reclassitied as nonresident. The Vermont
State Colleges an
the University of Vermont have
committees on residence that hear and
appeals.'
VIRGIN ISLANDS
Residency regulations at the College, of the,Virgin
Islands were proposed by the college administra-
tion and approved by the Board of Trustees. They
establish a minimum period
domicile of one
year for the student or his paren
a
a basic
qualification for resident status. Marriage to a
nonresident or an alien does not disqualify a
resident student. If a nonresident marries a resident
-he/she qualifies far resident status An 12 months.
Some scholarship funds are available to nonresi-
dent students that, in, effect, exempt them from
nonresident fees. Faculty and staff members and
their dependents are considered residents for tui-'
tion , purposes without a qualifying period.. A
)
student at the college may appeal to the dean if he
or she seeks a change in classification.*
VIRGINIA
. i
.
The policy governing classification ofrastudentfor4
i
4
the purpose of paying in-state tuition is,aonta Fedi
in the Virginia aide'. Basiqly, a studerit ImuYt
a
I '
bona fide domiciliary resident, of Virginuit f r a
'period of at least, one yer prior tothe co rnmerice-
ment of the term, semester or quarter for, which he
or she receives the privilege. To be a domiciliary of
Virginia, one must reside in the state with the
unqualified intention of remaining in Virginia for
The period immediately after leaving the ins itution
and
indefinitely thereafter. One canno
be
a
domtiliary of Virginia if ,one resides in
irginia
solely for the purpose of securing an educ tion. A
student who
is
a minor ordinarily to es tke
domiciliary residence of the parent (eit er tfie
father or the mother). An exception to the
domiciliary
residence, requirement
is
p ovided,
under certain conditiont to a ,studfn
whose
parent or spouse is stationed in Virgin a while
serving ins the 'military. Such a, student- may be
eligible to pay in-state ,tuition if dre p ,rent or
spouse has lived in Virginia Li at least
ne year
prior to the student receiving the privil gel been
employed full-time and paid-personal inc me'taxes.
to the state.
WASHINGTON
State law establishes the regulations for classifying
students as residents or nonresidents for tuition
and fee purposes in all public colleges and univer-
sities in Washington. If the student or the parents,
if he or she is a minor, have maintained a domicile
in the state for one year prior to registration for
more than sik credit hours per term, the student is
classifiethas a resident. childrenlof.federal employ-
ees residing in the state and families of faculty and
staff members, at the
institutions
are granted
resident
status immediately%
personnel
stationed in the state and their dependents are also
classified as residents, as are aliens on permanent
visas. The University of Washington and Washing-
ton State University are allowed to waive nonresi-
dent fees for up to 100 graduates of colleges from
"friendly foreign nation's." In addition to state-
funded tuition and fee waivers and state need
grants for resident students, nonresidents are eligi-
bleto participate in the state work-study program.
Appeals-or requests for reclassification are handled
by designated administrative officers or special
*Information as contained in the 1970 survey. No updated
Information for
the
Virgin Islands was received as of
December 1, 1977.
- 138 -
I 17'
committees. on each campus in accordance with
uniform guidelines.
WEST VIRGINIA
Policy regarding classification of students for ad-
mission and fee purposes has been established by
the West Virginia Board of Regents. The big factor
in gaining resident classification is West Virginia
domicile
at least 12 months of continuous
residence within the state prior to the date of
registration. Bona fide' domicile means that the
student must not be in the state priMarily to
attend an education institution and he/she must be
in the state for purpbses other than to qualify for
resideAt status. The residence of a married person
is determined by the same rules of domicile that
would apply if he or she were not married. Persons
assigned' to full-time military service and residing in
West Virginia may be classified as in-state residents
for tuition and fee purposes after 12 months
continuous location in tile state. Decisions of the
designated institutional officer charged with dcter-
mination of residence classification may be ap-
pealed to the president of the institution. Presi-
dential
decisions
regarding
residency: may be
appealed to the Board of Regents.
Wisconsin statutes have established rules for deter-
mining the residency classification of students for
tuition purposes in institutions in the University of
Wisconsin System. To cltialify as a resident, an
adult student (1$ years or older) or parents of a
minor student must have resided in the state one
year prior to -matriculation in a University in the
system. A minor student who is a child of divorced
or legally separated patents, an orphan or a child
under guardianship can qualify if that person
"resided *bStantially" in. Wisconsin during the
4
years of minority and
at least a year before
registering at an institution in the systenI. Military
personnel and
"persons 'engaged
in alternative
service ", stationed in the state and their dependents
-are granted resident status. A person. who has
graduated from a Wisconsin high school and whose
_parents are residents of the state for a year before
the student registers (or whose parents were
residents of the state for a year before their deaths)
is a resident. The regent& may remit nonresident
tuition to a number of needy and worthy nonresi-
dent students not exceeding 8 percent of the
nonresident enrollment of the respective institu-
tions in the prior year. They may grant tuition
remissions to a number of students not exceeding 2
percent of nonresidents registered in the preceding
year who are deemed to be attending under
4
"extraordinary circumstances." The regents may
also remit nonresident ttaton to "worthy and
needy" foreign students or U.S. citizens from
outside the United States, comprising up to 2
percent of the total enrollment of students at the
respective institutions .for the prior year. The
regents may grant tuition remissions to teaching
fellows and assistants Sand as athletic scholarships
"up to the maximum number alloWed by the
appropriate athletic conference." Each member of
the legislature may award one scholar4hip to a
nonresident student that has the effect of granting
resident status to the recipient. Appeals for reclas-
sification
are
handled -1;y committees on the
individual campuses. Reciprocal agreements with
.Michigan and Minnesota provide for the exchange
of students between these states and Wisconsin
specified conditions.
WYOMI
Regulations governing the classification of students
as resident or nonresident for purposes of tuition
are administered by each institution. For the
University bf Wyoming, a minor whose parent is
domiciled in the state is_considered a resident. An
adult who has established his or her domicile in
Wyoming and who has resided in the state for a
continuous period of one year immediately preced-
ing registration is considered a resident, except that
living in the state primarily for the purpose of
gaining an education does not qualify for residency
purposes: For the purpo;se of this regulation; an
adult is an individual 21 years of age or more, or a
married person under that age maintaining a
household in Wyomirlg with his/her spouse. An
individual temporarily. absentfrom the state due to
military service, going to school or other tempo-
rary absence of a known duration, who retains the
intention of returning'to the state and who would
have been classified as a resident at the time of
departure, retains resident status provided such
person enter an education institution within one
year following termination of,absence. In general,
spouses are accorded -16* same residence status.
Persons other than U.S. citizens admitted
for
permanent residence shall be classified as nonresi-
dents. A decision of the director of admissions may
be appealed to the residence classification,gommit-
tee. Such appeal must be submitted within 20 days
of the beginning of the _semester for which a
classification change is requested.
In the community colleges, a student may be
classified as a Wyoming resident if he/she meets at
least one of several criteria: (a) his or her parents
consider the state as their permanent home atthe
time of registration; (b) the student enrolls at a
_1313
_16
community college for the fall term immediately
following graduation frchn a Wyoming high school,
(c) the student receives substantiality all support
from a resident pf the state Qther than a parent, (d)
the 'studegi'it, has 'left military service .,pr the Peace
Corps within one Year prior to registration and was
,a resident at the time of entry into such service; (e)
s
IL RELEVANT- LEGAL ACTIONS
There have been a number of court cases challeng-
ing the residency classification, procedures used by
public institutions of higher education. These cases
involve questions of the right of putThc institutions
to
assess
tuition
charges, admission to public
colleges or universities and the reclassification of
students who were initially considered nonresi-
dents for tuitiop purposes
The brief summaries
'- provided below attempt to cover the major issues
in each case
ARIZONA
Arizona Board* of Regents u. Harper, 108 Az. 223,
495 Pac. 2644 ALR3d. 627 (1972).
Citing' a variety of reason's, a group of students
sought instate residency classification. A lower
r court decision ruled in favor of the students. Upon
appeal, the Supreme Court reversed the lOwer
courts decision, thus upholding the implied power
'Citr- of the , Board of Regents to impose a residency
requir
ent.
AllKAN\SAS
James E Darr, Jr , et-al v. D. P. Raney; et al., No.
F-70-C-15 (.971-)\\
A class action suit challenging the University of
Arkansas nonresident fee regulation resulted in an
agreement between the plaintiffs and defendants
on the forth and substance Of a revisicrn,to the
regulations. The court decree invalidated the exist-
ing,student fee regulations concerning nonresidents
and directed the university to adopt and apply new
regulations governing the classifications of students
at in -state and out-of-state for the purposes of
determining student fees. The changes created by
this decision are now reflected
in
the state's
residency (oblations.
CALIFORNIA
,.....-43ryan v. Regents of Univer;sity of California. 188
Cal. 559,205 Pac. 1071 (1922).
the student has resided in the state for a continu-
ous period of at least one year prior to rgistration,,
(f) the student, and/or hisiher spouse, is ,making a
permanent residence in the state and is gainfully
,
employed on a permanent basis at the time of
registrtfon, or is married to a bona fide resident.
i
1.
:4,
This-case was brought on behalf of a minor whose
par is is fia,f4 resided in California 11 months prior
to t e date she sought to enter the
iversity. She
N
wa classified a nonresident because
e 'statutory
qu
fying period was one year prior to initial
re ftration. It was argued that the residencHaw
wad' unconstitutional because of a state consti-
,
u
final provision that,prohibits granting privileges
to any citizen that "... shall not be granted to all
..
ci
ens.
The court agreed that the stu4ent was,a
ci }ten but held that residency classification at the
it
brilversity was not unreasonable or arbitrary. The
r,
opinion stated that in view of the fact that there is
ai3One-year qualifying period for voting privileges,
ij,' There seems to be no good,reason for'hofding
t lit
the legislature may not make a
similar
o,
c ssification in fixing the privilege, for attending
te state university.'
I
.
i
*irk
v. Board of Regents of the University of
:alifornia, 78 Cal. Rptr. 260 (1969).
.
`..
,
in this case a resident of Ohio married a California
gsident and shortly thereafter sought to enter the
niversity
of
California.
She was classified a
onresident for tuition purposes under the univer-
ity requirement of a,one-year qualifying period.
he suit was based on the recent nullification of
residency requirements for welfare recipients. The
court ruled in favor of the university, commenting
that the welfare case "... involved the,iminediate
and pressing need for preservation of life- and
)Heal;health ..." but ,that :the present case did not
th
simifar risks. The case was decided by the
California Court ot Appeals and subsequently the
United States Supreme /Court refused fohear'the
Case, ,,thus--upholding
Ae decision of the Court of
Appeals.
*
....Wong v. Board of Trustees, CalifoMia State Unwer-
sity and Colleges, 53 Cal.'Ap. 3rd 705 (1975).
s J
The plaintiff sued for the right to claim residency
immediately upon receiving perrnanent resident
status in the United State.s. The court found that a
permanent resident' registered alien must reside
within
the Mate , of California for at least
1'2
1 140 - 1
1.1
4
w
.1
consecutive months before being qualified for
k resident status
414t
COLORADO
Landwehr v. Regents of University of Colorado,
k
156 colo. 1, 396 Pac. (2d) 451 (1964).
The plaintiff sought refund of nonresident tuition
paid during his four years at the University of
Colorado plus punitive damages. Sections of the
United States and the , Colorado constitutions
.guaranteeirig equal protection, 'due process and
equal rights and privileges\
court
were cited. The cou
ruled .that the matter of classifying students as
residents or nonresident( by the,,university was
authorized by the states and only open to
question if it amount
to an unreasonable and
4arbitrary classification. The conclusion of the court
' stated: "It is our considered vie* that this classifi-
cation is not arbitrary or unreasonable and is not
so lacking in foundation as to contravene the
constitutional provisions."
Covell v. Douglas, °179 Colo. 443, 501 P2d 1047
(1972).
The appellant challenged a statute thattin effect,
established a presumption of nonresidency for
tuition purposes as to formerly classified. out-of-
state students and sought to have the partitular
section of the statute declared unconstitutional.
The statute provided that an out-of-state full-time
student could not qualify for a change in class ifica-
tion for tuition purposes unless he/she had spent
12 continuous months in residence while not
attending an institution of,higher education in the
state. The Colorado Supreme Court, adopted, the
rule declared in Kline v. Vlandis, .3Mk Supp 526
(D.C. Conn, 1972) and in Carrington i. Rash, 380
U.S. 89, 85 S. Ct. 775 that a conclusive presump-
tion,may not be utilized to classify a person as a
nonresident when he is in fact a resident. The court
held that the conclusive presumption established in
the statute imposed -an invidious discrimination
which violated the. 14th Amendment. The' court
found Covell distinguishable* from Landwehr v.
Regents, 156 Colo 1, 396 P2d 451, and noted that
Laridwehr's challenge 'regarding the disparity in
amounts charged in-sand out-of-state students was
based upon the privileges and immunities clause in
Article IV, Section 2 of the United States Constitu-
tion. It specifically reaffirmed the Landwehr ruling
that the classification of students applying for
admission to state tax -sir ported universities irito
in -state and out-of-state
oups is npt arbitrary or
unreasonable, and does n t violate the privileges
and. immunities clause.
CONNECTICUT /'
-
Vlandis
93S. Ct. 2230 (1973);
In John :W: Vlandis v. Margaret Marsh, Kline and.
Patricia Cat.apana, the plaintiffs sought to force the
state of Connecticut to allow nonresidents to
establish residency for tuition purposes. 'Thk, law
stated that the state required nonresidents enrolled
in the state university system to pay tuition and
other
fees at higher, rates than residents and.
provided irreversible And irrebutable statutory pre-
sumptioi that because the legal address of a
student; if married, is outof, state at the time of,
application for admission or, if single, is out of
state at some point during the. preceding year,
he/she remains a nonresident as long as he or. she is
a student.. in Connecticut. The United States
Supreme Court (No. 72-493, June II, 1973) found
that standards of dueIprocess require Connecticut
to allow individuals the opportunity to present
evidence showing that they are bona fide residents
and d entitled to in-state rates. Subsequent state law
amended the residency- requirements and allow
nonresidents this opportunity.
FLORIDA
Weitzel v. State, F4a.App. (1st), 30
(1975).
This case upheld Rule 7.6, Florida Board of
Regents' Operating Manual and further upheld the
authority of the regents to impose specific prereq-
,
uisites for Florida student designation. The rule is
as follo*s: "For the purpoie of assessing registra-
tion fees, students shall be classified as Florida and
non-Florida. A Florida student is a person who
shall have resided ant had his domicile in the State
of Florida for at least twelve (12) months immedi-
ately preceding the first day of classes of the
current term."
7
So.2d 1881
Board of Regents of the Department of Education
v. John S. Harris, 338 So.2d 215 (Fla. 1 DCA
1976).`
A student brought action to recover a portion of
tuition,contending that he should have qualified as
,a Florida', student for tuition purposes. A circuit
court upheld his case; the university appealed. The
District Court of Appeal reversed the decision and
ruled that where a student was a minor he lacked
legal capacity to
establish a Florida domicile
separate and apart from his parents; and that in
order to qualify for resident tuition rate, at was
necessary not only to establish domicile but to
evidence that domicile by dtfrational residence of
12 months.
- 1 411 8
HAWAII
There have been no actual relevant court cases in
Hawaii related to residency for the purposes of
tuition. However, several attorney general opinions
have been submitted: (1) Att. Gen. Op. 69-13,
which discussed the implication of Shapiro v.
Thompson, 394 US 61,8, on validity of tuition
differential for resident and nonresident students;
(2) Att. Gen. Op. 69-16, on nonresident tuition
and how applitability to graduate students and
residence qualifications is construed; and (3) Att.
Gen. Op. 71-13, upholding that graduate students
from states with uniform graduate tuition fees are
not exempt from payment of nonresident tuition
fees. In addition a case note (363 F. Supp1677)
upheld that the 12-month durational resi ency
requirement is valid.
IDAHO
ewman v. Graham et al., State Board of Educa-
t on, 82 Ida. 90, 349 Pac. (2d) 716 (1960).
After completing one year as a nonresident student
at Idaho State College (now Idaho State Univer-
sity), the plaintiff sought to register as a resident
for tuition purposes. The Idaho, residency regula-
tions required that if a student was properly
classified as a nonresident upon initial admission he
would maintain that classification throughout his
continuous attendance at any public Idaho college
or university.. The court ruled that while the Board
of Education had the right to establish necessary
rules and regulations, the regulation requiring a
student's original residency
classification tO go
unchanged was "arbitrary, capricious and unrea-
sonable." Thus, it held that the plaintiff should be
reclassified as a resident because he had complied
with all other requirements for establishing resi-
dence.
.1bInA
Clarke v Redeker et al., 259 F. Supp. 117 (1966)
The plaintiff, a resident of Illinois, attended the
State University of Iowa as a nonresident student.
He later married an Iowa resident and entered the
law school where again he was classified as a
nonresident for tuition purposes. He contended in
his suit that this classification violated the equal
protection and privileges and immunities clauses of
the 14th Amendment and that the regulations
discriminate against a nonresident male whose wife
w
is, a resident. Further, he contended he was a
resident of the state. The court ruled that interpre-
tation of the residency regulations followed by the
university's residency review committee tends to
A
/prevent the regulations from being unreasonable or
trary limits on the student's privileges. Further,
it held that he had established a substantial basis
for
being
classified
as
a resident
for tuition
purposes and suggested that the review committee
be given an opportunity to reconsider the case in
light of this opinion. Subsequently. Clarke' was
reclassified a resident and neither party in the case
appealed further.
7
Clarke v. Redeker et al., 406 F (2d) 883, 8th Cir.
(1969)
In a second case involving the same parties as in the
case reported above, the student sought: damages
for being charged nonresident fees in the years
prior to his first suit (1964-67). The court hgld
that where a student in his first suit sought an
injunction ,agzinst enforcement of tuition regula-
tions, he could not seek damages in a second suit
for being charged nonresidents fees. It said that the
question of payments was a matter that might haie
been and should have been determined in the
original case.
Johns v. Redeker and Twist v. Redeker, 406 F (2d)
878, 8th Cir. (1969)
Both of these cases 'sought injunctions and damagei
with Kespect to the Board of Regents requiring
nonresident students in public universities in Iowa
to pay a higher tuition than that assessed residents
of the state. Twist intervened in the original action
brought by Johns. The courts allowed both cases
to be prosecuted as class actions; that is, on behalf
. of the plaintiffs and all other persons similarly
situated. The allegation was that the assessment of
higher. fees deprived the plaintiffs of their rights
under the equal protection clauses of. the 14th
Amendment. The original trial court refused to
convene a three-judge court on the grounds that no
substantial federal question was present, basing its
decision in part on the Clarke case'reported above.
The 8th Circuit Court of Appeals upheld this
ruling. In a subsequent appeal, the United States
Supreme Court refused to hear the cases.
KENTUCKY
Hayes `v. Board of Regents of Kentucky State
University, 362 F.Supp. 1172 (E.D.Ky. 1973).
In 1972 the plaintiff registered to vote in the state
of Kentucky, applied for in-state tuition rates at
Kentucky State. University and was denied. A suit
was brought before the district court in which the
plaintiff claimed that registering to vote is 'evidence
of residency within a state and that the guidelines
laid down by the Council on Higher Education
requiting proof of the intent to maintain residency
in the state were unconstitntional. The court
upheld the univ'ersity and an appeal was lodged
with the appelate court in Hayes v. Board of
Regents of Kentucky State, University, 495 P.d
1326, 6th Cir. (1974). The district court's decision
was affirmed. It was stated that voter registration
was not conclusie proof for tuition purposes and
that
the
existing guidelines' set down by the
-douncil on higher .Education to show intent are
valid Criteria.
-
MARYLAND
Edkins
ux Moreno,
No. 17-154, United States
Supreme Cotirt, pending in December 1977.
In May 1975,
studerits
at
the
University
of
Matyland brought suit in the distnct court against
the 'universityand
its president. The students
challenged the university's policy of denying in-
state status for tuition to holders ,of G-4 visas or
those wh%,,are financially dependent on persons
holding such. nonimmigrant status. The district
court on July 13, 1976, said that by the use of a
presumption of nondornicile for G-4 aliens, the
university denied the* plaintiffs the opportunity- to
demonstrate tnat they were entitled to in-state
status for ,purposes of tuition and charge differen-
tials.
The students had relied first and foremost on the
Viand's v. Kline, 412 U.S. 441 (1973), case which
held that an unconstitutional "permanent" irrebut-
table presumption of nonresidence was created by
a Connecticut statute that denied an out-of-state
applicant for adniission to a public college adjust-
ment to in-state status for the entire period of
his/her attendance at the school, when that pre-
sumption was not universally true in fact.
The decision of the district court was affirmed by
the U.S. court of appeals. The university sought
review by the Supreme Court, which was granted
in October 1977. The university urged the Su-
:,
preme Court to lay to rest a fundamental misappli-
cation of the irrebuttable presumption doctrine,.
The University contended that the judgment of the
U.S. Court of Appeals fdr the 4th Circuit should be
reversed and Vlandis v. Kline, supra, should be
"overruled.
In the October 1977 brief of the American Council
on Education, et al., the conclusion stated that
because of the deleterious effect of Vlandis on a
host of state legislative judgments, including ration-
ally based tuition. ppl
es of public colleges and
t universities, and in
ht of the importance of
discarding the irrebuttable presumption doctrine,
amici urge that the court reverse the judgment pf
the U.S. Court of Appeals fo the 4th Circuit4nd
that in so doing the court overrule Vlandis v. Kline,
supra.
It is anticipated that the Supreme Court will hear
oral argument during either its February or March
term. A decision will be rendered by July 1978.
MISSISSIPPI
Edward R. Jagnandan, et al v. ,William L. Giles, et
al., No. EC73-9-K (1974).
This self 7"styled case challenged the constitution-
ality of Section 37-103-23 of the Mississippi Code
1972 that stated
"All aliens are
classified
as
nonresidents" for the purpose of tuition. and tees
at state-supported institutions. A three-judge fed-
leral panel declared the section unconstitutional
and ruled that "... aliens lawfully admitted for
permanent residence in the United States,- who
reside in the State of Mississippi. . .." cannot be
charged fees and tuition in excess of those charged
state residents. A further attorney general opinion
noted that this judgment affected
only,,,.dliens
attending institutions of higher 19.rning in the state
and those admitted as permaned residents and the
opinion excepted the voting requirement as aliens
cannot vote until they are accorded citizenship.
Attorney General Opinion, Oc 'tober 17, 1973.
An attorney general opinion cited several cases in
the state of Mississippi that related to residency for
tuition
purposes;
(1)
Ginger
v.
Fortune, WC
73-90K, related to the student's right to reclassifi-
cation
as
a
resident
for
fees assessment;, (2)
Hubbard u. McKay, 193 Sq.2d 129, 132, related to
domicile; and (3)Cheek v. Fortune, 3,41 F. Supp.
729 (N.D. Miss.')A6lating to assessmitnt of nonresi-
dent tuition. The opinion held that in order to
become a resident for tuition purposes, a nonresi-
dent minor must have resided in the state with the
intent to establish domicile for at least 12 months
after reaching the age of majority (21 years), and
that the mere fact that an individual has been
initially
classified as a nonresident for tuition
purposes while attending a college and/or univer-
sity does riot bind him or her to that classification
while in pursuit of, an education (see Vlandis
v.
Kline, Connecticut).
NORTH CAROLINA
W. C. Barker v. Iowa Mutual Insurance Co. 85 S. E.
(2d) 305 (1955).
- 143
4O
1
This was actually an insurance case in which a nian
biought suit to recover damages resulting from a'
fire that destroyed prOperty belonging to his son ,
who was a nonresident student in a North Carolina
university. In a statement somewhat incidental to
the primary issue of the case, 'the North Carolina
court held that a student who domes frorri another
state and who enrolls
in a public college or
university remains a nonresident-student insofar as
tuition is concerned.
Hall v. Wake County Board of Elections 187 S.E.
2d 52 (1972).
In the context of determining residence for pur-
poses of county precinct voter registration, the
North Carolina Supreme Court catalogued' general
law On domicile (legal residence) and noted that a
student '"who leaves his _parents' home to enter
college" is presumed "not domiciled in the college
town to which he goes" but that the presumption
is rebuttable by evidence that the student has the
intent to make that place his "permanent home of
itidefinite duration," i.e., his 'domicile. The fact
situation in this case involved asserted domicile in
the .county based. in part on residence in a college
dormitory. Because of prior findings by the trial
court judge, the North- Carolina Supreme Court,
however, did not undertake to, determine whether
or not the student was in fact a domiciliary of the
county. The court merely affirmed
the
legal
possibility that the trial court could have so found,
as it did.
Glusman et al. v. The Board of Trustees of the
University of North Carolina, 190 S.E. 2d 213
(1972); decision for respondent reversed 93
Ct.
2999 (1973).
In an action by a law. student to recover the
nonresident tuitin n differential he had,paid for two
prior enrolled years the North Carolina Supreme
Court sustained as constitutionally. valid a require-
ment that,a residentiary durational period of six
months be exclusive of enrolled time. On appeal by
the petitioner to the United States Supreme Court
the prior decision was vacated in a memorandum
decision remanding the case to the North*Carolina
Supreme Court for further consideration in light of
Vlandis v. Kline et al. (Connecticut) 412 U.S. 441
(1973). In Wiandis the United States Supreme
Court had held unconstitutional exclusion of en-
rolled time as a period with respect to which a
residentiary claim could he made and proved. The
holdings of Hall and Glusman have been accom-
modated into the residentiary classification system
by subsequent amendment to the state statutes and
the residence manual.
NORTH DAKOTA
- Jonathon McConaughey Burke and Chris Alan
Kinnison
v. Kenneth 13aschke, et al., Civ. No.
A2-75-102 (1977).
The plaintiffs stated in this case that they had been
:denied the right, equal to the right accorded a
student 21 years and older whose pafents, custo-
dial parent or guardian reside outsidethat state, to.
establish residency in North Dakota for tuition
purposes. The United States' District Court held
that the plaintiffs' constitutional right to equal
protection of the law has been violated and that
they were entitled to a, revirw of their residney
status for tuition purposes and,appropiiate relief if
it is determined from such review that they were
entitled to attend the University of NOrth Dakota
with resident classification.
OHIO
Kaplan v. Kuhn et al., 8 0. N. P. 197, 110 0. D.
(N.R.) 321 (1901).
The plaintiff was born inigermany and came to the
United States at age 12 to reside with his father
who was a naturalized citizen. When he was 19 the
plaintiff moved to Cincinnati where he attended
high school for three years. Later he became
self-supporting, reached the age of majority, voted
in three city ,elections and contended he did not
intend to leave the city. The court ruled that he
was 'entitled to free tuition at the University of
Cincinnati, a municipal university that enrolled
resident students without tuition charges.
m4
Halaby v. Board of Directo'tls of the UntUersity
Cincinnati, 162 Ohio St. 290, 123 N. E. (2d) 3
(1954).
In-another Cincinnati case the court ruled in favor
of the plaintiff also. He was a minor alien who
resided with his parents who owned property and
operated a business in the city. He sought to enter
the University of Cincinnati-- as a resident student
but was refused this classification. The court held
that alien residentwof the city were entitled to the
same privileges as other residents and that the
student should be granted resident status by virtue
of that fact.
VERMONT
Shotkin V. U.V.M., 133. Vt. 401; 346 A 2d 525 t
(1975).
The court, in this case, held that "In context of
instant case, University of Vermont's definition of
domicile was not more restrictive than the corn-
-
*n^
-_144 -
21
-
mon law definitiOn and thus was not inconsistent
with...." Vermont Statutes Annotated; Title 16,
-Section 2282a. The court held that the University
of Vermont's or't year domicile for resident tuition
purposes was not in violation of the law.
NI
WISCONSIN
Priest v. Regents of The 41..Iniversy of Wisconsin,
54 Wis. 159, 11 N. W. 472_(1882).
8,
This case reaffirmed the right of. the uniyersity to
reguthe tuition and fees by stating: "All the acts
of the legislature relating to the uniyersity, con-
strued together, conclusively establish the power pf
the board to exact` fees from the students for
admission, instruction, aind the incidental expenses
of the university, except asp such power is, from
time to time, expressly limited."
Walters v. Hoove?'''et al., k civil action pending'
A
before the U.
District Court, Western District of
Wisconsin
.
0).
_i,This suit was. brought by
first -year law student at
the University of Wisconsin (Madison) attacking
the constitutionality of the residency classification
statute now applied at the university and .1-sloth
method of its administration. This was a class
action brought on behalf of eall 'students at 'die
university who qualify as'residents for some other
purpose. It charged that the sjatute is unpristitu-
tional because it "aRties an invidious distinClion
between class& of citizens of the state": hinders
the right to "travel from one state to another" and
.`:`freedom of association"; discriminates on the
bems of sex; and is "an arbitrary, irrational, and
unreasonable classification that tramples upon the
rights,of due process and equal protection of the
laws." The plaintiff asked for a three-judge panel
to hear the suit and the case was disrftissed.
-A.
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