1:014 Classifying Students In-State & Out-of-State for Purposes of Paying Fees & Tuition
& for Admissions Purposes
|Austin Peay State
|Classifying Students In-State & Out-of-State for Purposes of Paying Fees & Tuition
& for Admissions Purposes
||March 30, 2017
||Provost and Vice President for Academic Affairs
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.
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.
-Rules for Determination of Status
-Out-of-State Students who are not Required to Pay Out-of-State Tuition
-Evidence to be Considered for Establishment Domicile
-Process and Appeals Procedures for Determination of Residency
-Effective Date for Reclassification
-Exhibit 1 – Guidance of Eligibility Verification for Entitlement Act (EVEA)
||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.
||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
||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.
||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.
||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.
Rules for Determination
- Every person having his or her domicile in this State shall be classified "in-state"
for fee and tuition purposes and for admission purposes.
- For guidance regarding the Eligibility Verification for Entitlement Act (EVEA) see
- Every person not having his or her domicile in this State shall be classified "out-of-state"
for said purposes.
- The domicile of an un-emancipated person is that of his or her parent, except as provided
in section E of this rule.
- 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.
- 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:
- Graduated from a Tennessee public secondary school;
- Graduated from a private secondary school that is located in this state; or
- Earned a Tennessee high school equivalency diploma.
- 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.
who are Not Required to
Pay Out-of-State Tuition
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- Has not been dishonorably discharged from a branch of the United States armed forces
or the national guard;
- Is eligible for Post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and
- 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.
- To continue to qualify for in-state tuition and fees, a veteran shall:
- Maintain continuous enrollment as defined by the University; and
- Demonstrate objective evidence of established residency in this state by presenting
at least two (2) of the following:
- Proof of voter registration in the state;
- A Tennessee driver license;
- A Tennessee motor vehicle registration;
- Proof of established employment in the state; or
- Other documentation clearly evidencing domicile or residence in the state, as determined
by the Tennessee Higher Education Commission.
|The University will establish policies regarding out-of-state tuition scholarships
for students selected for admissions into formal honors programs at the University.
|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
|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
|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
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
|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.
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
President: signature on file