Go back

1:014 Classifying Students In-State & Out-of-State for Purposes of Paying Fees & Tuition & for Admissions Purposes

Austin Peay State
University
Classifying Students In-State & Out-of-State for Purposes of Paying Fees & Tuition & for Admissions Purposes

POLICIES

Issued:  March 30, 2017

Responsible Official:  Provost and Vice President for Academic Affairs

Responsible Office:  Enrollment Management
 

 


Policy Statement 


It is the policy of Austin Peay State University to classify students as “in-state” or “out-of-state” for purposes of paying fees and tuition and for admission purposes based on the guidelines detailed in this policy.


Purpose


It is the intent that the University shall apply uniform rules, as described in these regulations and not otherwise, in determining whether students shall be classified “in-state” or “out-of-state” for fees and tuition purposes and for admission purposes.


Contents


Definitions
-Residence
-Domicile
-Emancipated person
-Parent
-Continuous enrollment  

Procedures
-Rules for Determination of Status
-Out-of-State Students who are not Required to Pay Out-of-State Tuition
-Honors Program
-Presumption
-Evidence to be Considered for Establishment Domicile
-Process and Appeals Procedures for Determination of Residency
-Effective Date for Reclassification

Links
-Exhibit 1 – Guidance of Eligibility Verification for Entitlement Act (EVEA)


Definitions


Residence Continuous physical presence and maintenance of a dwelling place within this State, provided that absence from the State for short periods of time shall not affect the establishment of a residence.

Domicile A person's true, fixed, and permanent home and place of habitation; it is the place where he or she intends to remain, and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere. Undocumented immigrants cannot establish domicile in Tennessee, regardless of length of residence in Tennessee.

Emancipated person A person who has attained the age of eighteen years, and whose parents have legally surrendered the right to the care, custody, and earnings of such person and who no longer are under any legal obligation to support or maintain such person.

Parent A person's father or mother. If there is a non-parental guardian or legal custodian of an un-emancipated person, then "parent" shall mean such guardian or legal custodian; provided, that there are not circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such un-emancipated person.

Continuous Enrollment Enrollment at a public higher educational institution or institution of this State as a full-time student, as such term is defined by the governing body of said public higher educational institution or institutions, for a normal academic year or years or the appropriate portion or portions thereof since the beginning of the period for which continuous enrollment is claimed. Such person need not enroll in summer sessions or other such inter-sessions beyond the normal academic year in order that his or her enrollment be deemed continuous, notwithstanding lapses in enrollment occasioned solely by the scheduling of the commencement and/or termination of the academic years, or appropriate portion thereof, of the public higher educational institutions in which such person enrolls.


Procedures



Rules for Determination
of Status
  1. Every person having his or her domicile in this State shall be classified "in-state" for fee and tuition purposes and for admission purposes.
    1. For guidance regarding the Eligibility Verification for Entitlement Act (EVEA) see Exhibit #1.
  2. Every person not having his or her domicile in this State shall be classified "out-of-state" for said purposes.
  3. The domicile of an un-emancipated person is that of his or her parent, except as provided in section E of this rule.
  4. Un-emancipated students of divorced parents shall be classified "in-state" when one parent, regardless of custodial status, is domiciled in Tennessee, except as provided in section E of this rule.
  5. A student is classified "in-state" for fee and tuition purposes if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission and has:
    1. Graduated from a Tennessee public secondary school;
    2. Graduated from a private secondary school that is located in this state; or
    3. Earned a Tennessee high school equivalency diploma.
  6. The spouse of a student classified as "in-state" shall also be classified as "in-state", subject to the requirements of T.C.A. Title 4, Chapter 58.

Out-of-State Students
who are Not Required to
Pay Out-of-State Tuition
  1. An un-emancipated, currently enrolled student shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in the State, remove from the State. However, such student shall not be required to pay out-of-state tuition nor be treated as an out-of-state student for admission purposes so long as his or her enrollment at the University is continuous.
  2. An un-emancipated person whose parent is not domiciled in this State but is a member of the armed forces and stationed in this State or at Fort Campbell pursuant to military orders shall be classified out-of-state but shall not be required to pay out-of-state tuition. Such a person, while in continuous attendance toward the degree for which he or she is currently enrolled, shall not be required to pay out-of-state tuition if his or her parent thereafter is transferred on military orders.
  3. A person whose domicile is in a county of another state lying immediately adjacent to Montgomery County, or whose place of residence is within thirty (30) miles of Austin Peay State University shall be classified out-of-state but shall not be required to pay out-of-state tuition at Austin Peay State University.
  4. A person, who is not domiciled in Tennessee, but has a bona fide place of residence in a county which is adjacent to the Tennessee state line and which is also within a 30 mile radius (as determined by THEC) of a city containing a two  institution, shall be classified out-of-state, but admitted at in-state tuition rate.
    1. The waiver of out-of-state tuition granted to a border county student at an admitting institution will follow the student ONLY from a community college to the University if the student transfers from the community college after successfully completing an associate's degree UNLESS this condition is waived by the community college as being in the student's best interest; provided, in any case the student must complete the general education requirement at the TBR community college.
  5. Part-time students who are not domiciled in this State but who are employed full-time in the State, or who are stationed at Fort Campbell pursuant to military orders, shall be classified out-of-state but shall not be required to pay out-of-state tuition. This shall apply to part-time students who are employed in the State by more than one employer, resulting in the equivalent of full-time employment.
  6. Military personnel and their spouses stationed in the State of Tennessee who would be classified out-of-state in accordance with other provisions of these regulations will be classified out-of-state but shall not be required to pay out-of-state tuition. This provision shall not apply to military personnel and their spouses who are stationed in this State primarily for educational purposes.
  7. Dependent children who qualify and are selected to receive a scholarship because their parent is a law enforcement officer, fireman, or emergency medical service technician who was killed or totally and permanently disabled while performing duties within the scope of their employment shall not be required to pay out-of-state tuition. (T.C.A. § 49-4-704)
  8. Active-duty military personnel who begin working on a college degree at a the University while stationed in Tennessee or at Fort Campbell, Kentucky, and who are transferred or deployed prior to completing their degrees, can continue to completion of the degrees at the University without being required to pay out-of-state tuition, as long as he/she completes at least one (1) course for credit each twelve (12) month period after the transfer or deployment.  Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.
  9. Students who participate in a study abroad program, when the course/courses in the study abroad program is/are the only course/courses for which the student is registered during that term, shall not be required to pay out-of-state tuition.
  10. Students who are awarded tuition waiver scholarships for participation in bona fide campus performance-based programs, according to established guidelines, shall not be required to pay out-of-state tuition.
  11. A veteran enrolled at the University shall not be required to pay out-of-state tuition or any out-of-state fee, if the veteran:
    1. Has not been dishonorably discharged from a branch of the United States armed forces or the national guard;
    2. Is eligible for Post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and
    3. Enrolls in the University, after satisfying all admission requirements, within three (3) years from the date of discharge as reflected on the veteran's certificate of release or discharge from active duty, Form DD-214, or an equivalent document.
      1. To continue to qualify for in-state tuition and fees, a veteran shall:
        1. Maintain continuous enrollment as defined by the University; and
        2. Demonstrate objective evidence of established residency in this state by presenting at least two (2) of the following:
          1. Proof of voter registration in the state;
          2. A Tennessee driver license;
          3. A Tennessee motor vehicle registration;
          4. Proof of established employment in the state; or
          5. Other documentation clearly evidencing domicile or residence in the state, as determined by the Tennessee Higher Education Commission.

Honors Program

The University will establish policies regarding out-of-state tuition scholarships for students selected for admissions into formal honors programs at the University.

Presumption

Unless the contrary appears from clear and convincing evidence, it shall be presumed that an emancipated person does not acquire domicile in this State while enrolled as a full-time student at the University, as such status is defined by the University.

Evidence to be
Considered for
Establishment of
Domicile
If a person asserts that he or she has established domicile in this State he or she has the burden of proving that he or she has done so. Such a person is entitled to provide to the University by which he/she seeks to be classified or reclassified in-state, any and all evidence which he or she believes will sustain his or her burden of proof. The University will consider any and all evidence provided to it concerning such claim of domicile but will not treat any particular type or item of such evidence as conclusive evidence that domicile has or has not been established.

Process and Appeals Procedures for
Determination of
Residency
Initially, the Office of Admissions clerk is responsible for classifying applicants for admission or readmission as either "in-state" or "out-of-state."  A decision by the Office of Admission clerk may be appealed in writing to the residency classification officer in the Office of Admissions on an Application for Residency Classification form. 

Students currently/continually enrolled may appeal in writing to the residency classification officer in the Office of the Registrar on an Application for Residency Classification form.  An appeal of the decision made by either office may be taken to the Residency Appeals Committee. Appointments for students to appear before the committee and copies of written appeals for committee members will be made by the Office of the Registrar. Appeals from students who appear will be heard before the committee. Appeal applications made in absentia will be considered by the committee after consideration of in-person appeal appointments. Unless additional guests are requested in advance and approved by the committee chair, only the student may appear before the committee.  Students may bring additional material to support their appeal at the committee meeting.  The committee shall include five faculty representatives (including the chair), two staff representatives, two student representatives, as well as up to three ex officio members currently made up of the Coordinator of Graduate Admissions, the Director of Admissions, and the Registrar.  The committee chair will prepare a record of the student appeals including the name of the student, the date of the committee meeting, the committee members present, name(s) of any other guest(s) and a statement of the resulting decision of the committee.  A copy of this record will be kept in the student’s permanent file. The appealing student will be contacted by the Office of the Registrar and informed of the committee’s recommendation. A decision by the Residency Appeals Committee may be appealed in writing to the associate provost for enrollment management and academic support.  All appeals must be received within five (5) class days of receipt by the student of the committee's decision.

Effective Date for Reclassification If a student classified out-of-state applies for in-state classification and subsequently is classified thusly, his or her in-state classification shall be effective as of the date on which reclassification was sought.  However, out-of-state tuition will be charged for any term or semester during which reclassification is sought and obtained unless application for reclassification is made on or before the last day of registration prior to classes.


Links


Exhibit 1-Guidance on
Eligibility Verification for Entitlement Act (EVEA)

http://www.dscc.edu/sites/default/files/pdf/EVEA_2015.pdf 


Revision Dates


APSU Policy 1:014 (previously 3:019) – Rev.: March 30, 2017
APSU Policy 1:014 – Rev.: January 15, 2015
APSU Policy 1:014 – Rev.: September 12, 2006
APSU Policy 1:014 – Rev.: March 31, 2006
APSU Policy 1:014 – Rev.: April 24, 1997
APSU Policy 1:014 – Issued: October 17, 1994


Subject Areas:

Academic Finance General Human
Resources 
Information
Technology 
Student
Affairs 
X          

 


Approved


President: signature on file