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State Summaries

RESIDENCY

Alabama

Alabama residency policies are set by the state legislature. Evidence of residency must be provided in the form of a signed statement of a specific address in Alabama that is the student's residence, an intention to remain at this address indefinitely, and one or more substantial connections with the State of Alabama. If a dependent, the student's domicile is that of the parent(s). Non-resident active members of the Alabama National Guard qualify for resident tuition benefits provided that he or she enrolls in an postsecondary institution within Alabama. With regards to nonresident students, each public institution will charge each nonresident undergraduate student a minimum of twice the resident tuition charged by that institution; a nonresident graduate student will be charged tuition that is at least equal to the tuition charged to a nonresident undergraduate. Additionally, the governing board of each four-year public institution holds the power to extend resident tuition rates to students who reside in any county within 50 miles of an institution's campus. The State Board of Education will retain the power to extend tuition rates to students who reside in any county within 50 miles of a public two-year institution. Public four-year institutions and two-year institutions may choose to adopt more rigorous policies regarding nonresident tuition. (Last updated 2008)

Alaska

The University of Alaska's residency policies are set by the institution's Board of Regents. A resident student is described as one who has been present in Alaska for two years and who declares intention to remain in Alaska indefinitely. If a dependent, the student's domicile is that of the parent(s). With regards to the Washington, Wyoming, Alaska Montana, Idaho Medical Education Program (WWAMI), a student meets the residence eligibility if he or she has resided in the State of Alaska for the immediate past two years and intends to indefinitely reside in Alaska. For nonresident tuition, nonresident students will be assessed a nonresident tuition surcharge in addition to regular tuition; those exempt from the nonresident tuition surcharge include, but are not limited to, military personnel on active duty and their dependents, and members of the Alaska National Guard and their dependents. (Last updated 2008)

Arizona

Arizona's residency policies are set by the Board of Regents. In-state tuition benefits are not extended non-citizens, non-legal residents, or those without legal immigration status. A resident student is defined as one who has resided within the state for at least one year immediately preceding the last day of registration. If a dependent, the student's domicile is that of the parent(s). Resident tuition benefits are also granted to members of the United States Armed Forces and their spouses and dependents; members of Indian tribes whose reservation land lies within Arizona; those who reside in counties within 75 miles of the Arizona border; doctoral graduate students who are candidates for degrees but have not completed a dissertation; graduate assistants or associates at Arizona State University, Northern Arizona University, or the University of Arizona; and employees of public school districts in the state who are under contract to teach on a full-time basis. The Board of Regents outlines requirements for tuition classification for nonresident students who wish to petition for resident status. The president of each university shall designate a classification officer who shall classify each student for tuition purposes. (Last updated 2008)

Arkansas

Individual institutions determine residency policies. According to the University of Arkansas Board of Trustees, a student must have established domicile in state for at least six continuous months prior to enrollment to qualify as a resident. If a dependent, the student's domicile is that of the parent(s). A student with a temporary visa will not be granted resident status. However, a student with a permanent visa who has resided in state for at least six months following the receipt of the permanent visa will be classified as a resident. Employees of the University of Arkansas, their spouses and dependents are not required to pay non-resident tuition. Non-resident tuition waivers are granted to the following: active members of the armed forces stationed in Arkansas, along with their spouses and dependents; individuals, their spouses, and children under the age of 23 who move to Arkansas for purposes other than to attain resident tuition benefits; members of Native American tribes that formerly lived in Arkansas before relocation; and graduate assistants and master lecturers. (Last updated 2008)

California

Residency policies are set in the state legislature. California Education Code states that the governing boards of institutions shall adopt rules and regulations for determining a student's residency classification. Generally, students qualify for resident tuition rates if they attended a California high school for three or more years, have graduated from a California high school, and are registered as an entering student at a public postsecondary institution. If the student is without lawful immigration status, he or she must file an affidavit with the institution of higher education stating that he or she will file an application to legalize his or her immigration status. Nonresident students are required to pay nonresident tuition, in addition to fees required by the institution. The nonresident tuition rates will be set by each public institution's governing board. For out-of-state students to be deemed a resident, one year of physical presence in California along with the intent to reside in the state indefinitely is required. If a dependent, the student's domicile is that of the parent(s). If classified as a nonresident, the student will be required to demonstrate at least three years of financial independence before being reclassified as a resident student. Undergraduate students who are active members of the United States Armed Forces are granted resident tuition benefits. (Last updated 2008)

Colorado

Colorado residency policies are set by the state's General Assembly. A student is eligible for in-state tuition rates if he or she has lived in Colorado for one continuous year. If a dependent, the student's domicile is that of the parent(s). Legislation provides specific criteria to be used by institutions in determining students' residency status including, but not limited to, evidence of payment of Colorado income tax, ownership of residential real property in Colorado, graduation from a Colorado high school, in-state vehicle registration, and in-state voter registration. International students are eligible for in-state classification if the primary purpose of residence in Colorado is other than for his or her education or for the education of a family member. The Colorado Commission on Higher Education shall designate those nonimmigrant classifications under which such foreign nationals may qualify as in-state students. Regarding active members of the armed forces, members of the Colorado National Guard and their dependents are eligible for in-state tuition rates. Resident tuition benefits are also extended to members of the Canadian armed forces who are stationed in Colorado. Resident classification guidelines are set for Olympic athletes, Chinese and Russian students in graduate public policy programs, and employees or employees' children of companies who move to Colorado. (Last updated 2008)

Connecticut

Connecticut's residency policies are set in the legislature. In-state tuition benefits are granted to those who are domiciled in state for at least one continuous year. If a dependent, the student's domicile is that of the parent(s). Upon moving to Connecticut, an emancipated person employed full-time may apply for in-state classification for his or her spouse and unemancipated children after six consecutive months of residency. The legislature extends in-state tuition benefits to members of the armed forces and their dependents. The legislation allows for institutions or their governing boards to establish quotas, admissions standards, readmission standards, or other terms and requirements for out-of-state students. Tuition will be prorated in the case of a student enrolled in less than 75 percent of the credit hours defined as a full-time load by each institution. The Boards of Trustees of the Community-Technical Colleges, the Connecticut State University System and The University of Connecticut will fix tuition fees for nonresident students who are enrolled in institutions under the jurisdiction of said boards through the New England Regional Student Program of no less than the tuition rate charted of resident students plus fifty percent of that rate. (Last updated 2008)

Delaware

Residency policies are set by the University of Delaware Board of Trustees. To qualify as a resident, a student must have established domicile in state for at least one consecutive year prior to the first day of classes. If a dependent, the student's domicile is that of the parent(s). Students on a temporary visa may not qualify for resident tuition benefits. Active members of the armed forces stationed in Delaware, along with their spouses and dependents, are classified as residents for tuition purposes. (Last updated 2008)

Florida

Florida's residency policies are set in the legislature. To qualify for in-state tuition benefits, the student must have resided in the state for at least one year prior to enrollment at a public institution of higher education. If a dependent, the student's domicile is that of the parent(s). Resident tuition benefits are extended to a variety of students who meet certain requirements that include, but are not limited to, active members of the United States armed forces, active members of the Florida National Guard, their dependents and spouses; United States citizens in the Isthmus of Panama who have completed a continuous year of college work at the Florida State University Panama Canal Branch, their spouses and dependent children; students from Latin America and the Caribbean who receive scholarships from the federal or state government; and active members of the Canadian military who are residing or stationed in Florida under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a community college or state university within 50 miles of the military establishment where they are stationed. Finally, individuals with legal permanent immigration status who meet the residency requirements are granted resident tuition benefits. (Last updated 2008)

Georgia

Georgia's residency requirements are set in the legislation and by the Board of Regents. Legislation designates students who have resided in Georgia for one continuous year prior to the first day of classes as resident students for tuition purposes. If a dependent, the student's domicile is that of the parent(s). Dependent students are classified as resident students if the student graduated from a Georgia high school or his or her parent(s) claimed the student as a dependent on their state income tax return. Non-citizen students are not granted resident tuition benefits unless they are legally in the United States. Lawful permanent residents, refugees, asylees, or other eligible non-citizens may be extended the same tuition benefits as United States citizens. However, international students who reside in the United States under nonimmigrant status who do not intend on abandoning a foreign domicile are not eligible for in-state classification. Resident tuition benefits are extended to active members of the armed forces stationed in Georgia, along with their spouses and dependents. (Last updated 2008)

Hawaii

Hawaii's residency requirements are set by the University of Hawaii's Board of Regents. To qualify as a resident student, the student must have established residence in Hawaii for at least one continuous year. If a dependent, the student's domicile is that of the parent(s). The Regents' policy grants a waiver of the nonresident tuition differential to qualifying students including East-West Center students pursuing baccalaureate or advanced degrees; active members of the United States military stationed in Hawaii and their dependents; members of the Hawaii National Guard and the Hawaii Reserves; Native Hawaiians whose domicile is outside of Hawaii; and employees of the University of Hawaii, their spouses, and dependents. In addition, citizens from an eligible Pacific Island district, commonwealth, territory, insular jurisdiction, state or nation which does not provide a public higher education institution that grants baccalaureate degrees are charged 150 percent of the resident tuition rate. Non-citizens may establish residency in Hawaii unless prohibited by the Immigration and Nationality Act. (Last updated 2008)

Idaho

Residency policies are set in the state legislature. The most influential factor in determining residency is in-state domicile, whether it is that of the student or his or her parent(s). To qualify for resident classification, the student or parents must have established one continuous year of residence in Idaho. Members of the armed forces who are stationed in Idaho and their dependents, and members of the Idaho National Guard are eligible for resident tuition benefits. Resident tuition benefits are extended to members of specific Idaho Native American Indian tribes whose reservations lie in within the state, regardless of their current domicile. Resident tuition benefits are not extended to students without legal immigration status. If a person from out-of-state establishes domicile in Idaho, he or she must provide evidence that he or she is in Idaho for purposes other than educational and has no intention to return to another state in order to qualify for resident tuition benefits. (Last updated 2008)

Illinois

Residency policies are set by individual institutions. A resident student is one who has established domicile in state for at least one continuous year prior to the first day of classes at the University of Illinois. At Western Illinois University, a student is classified as a resident if he or she has domiciled in state for at least six continuous months. If a dependent, the student's domicile is that of the parent(s). Individuals who are not United States citizens but hold permanent residence status with INS may be classified as residents for tuition purposes. Active members of the armed forces stationed in Illinois, along with their spouses and dependents are classified as residents. Staff and faculty members of public postsecondary institutions, along with their spouses and dependent children are granted resident tuition benefits. (Last updated 2008)

Indiana

Residency policies are set by individual institutions. To qualify as a resident at Ball State University, Indiana University, and Purdue University, a student must have established domicile for at least one continuous year prior to the first day of classes. If a dependent, the student's domicile is that of the parent(s). Individuals with legal and permanent immigration status can qualify for resident status for tuition purposes. Each school has different policies relating to military personnel. At Indiana University, active members of the armed forces are classified as nonresidents but have the nonresident portion of their fees waived - this benefit does not apply to their families. At Ball State University, out-of-state members stationed in Indiana, along with their spouses and dependents, may enroll without the nonresident fee being assessed. Finally, at Purdue University, active members of the armed forces are classified as nonresidents, but have the nonresident portion of their fees and tuition waived. Ball State University grants resident classification to regular full-time faculty and staff and enrolled graduate and doctoral assistants, along with spouses and dependents. (Last updated 2008)

Iowa

Residency policies are set by the Iowa Board of Regents as specified by the Iowa Administrative Code. Eligibility for resident tuition benefits is contingent upon the student's reason for being in Iowa. If he or she is in Iowa primarily for educational purposes, he or she will be considered a nonresident. A student's domicile is the most influential factor in determining eligibility for resident tuition benefits. In order to be classified as a resident for tuition purposes, a student or the persons legally responsible for the student must have resided in Iowa for at least one continuous year prior to enrollment. Members of the military who are stationed in Iowa, along with their dependents, are considered residents of the state. Additionally, those who have been granted refugee status asylum by the appropriate agency of the United States are granted resident status. However, resident tuition benefits are not granted to those individuals without legal immigration status. Members of Native American tribes present in Iowa are granted resident tuition benefits. (Last updated 2008)

Kansas

Residency policies are set in the state legislature. Students are eligible for resident fee benefits if they are present in the state for at least one continuous year. If a dependent, the student's domicile is that of the parent(s). Resident fee rates are granted to active members of the armed forces stationed in Kansas, members of the Kansas National Guard and Army, and their dependents and spouses. Employees of institutions governed by the state board of regents and their dependents and spouses are eligible for resident fee benefits. In addition, students who are state residents and graduate from accredited Kansas high schools are eligible for the in-state fee privileges. Individuals with legal and permanent immigration status may establish in-state residence for tuition purposes. The legislation extends tuition benefits to Native Americans who attended Haskell Indian Nations University and who are members of a Native American tribe. (Last updated 2008)

Kentucky

Kentucky's residency policies are set by the Kentucky Council on Postsecondary Education. A student is classified as a resident if, among other qualifications, he or she has maintained at least one year of continuous physical presence in Kentucky prior to enrollment in a postsecondary institution. If a dependent, the student's domicile is that of the parent(s). Members of the United States armed forces, their spouses, and dependents who claim Kentucky as their permanent residence or who are stationed in Kentucky can be classified as resident students. Membership in the National Guard or civilian employment in the military alone does not qualify a person for resident status. Persons holding permanent resident status, visas, or who are classified as political refugees may establish Kentucky residency in the same manner as any other persons. Moreover, undocumented students who graduated from an in-state high school are granted resident status. A nonresident student is defined, along with other conditions, as one who is, or seeks to be, an undergraduate student who has graduated from an out-of-state high school within five years prior to his or her request for a determination of residency status. Additionally, if a student is in Kentucky for primarily educational purposes, he or she will be deemed a nonresident student. The Kentucky Council on Postsecondary Education also has established reciprocity agreements with Indiana, Illinois, Tennessee, Ohio and West Virginia. (Last updated 2008)

Louisiana

Residency policies are set by individual institutions. The following information is from Louisiana State University. A student is classified as a resident if he or she has maintained domicile in state for at least one continuous year prior to the first day of classes. If a dependent, the student's domicile is that of the parent(s). Individuals residing in Louisiana solely for educational purposes are classified as nonresidents. Persons who hold legal and permanent immigration status or a specified visa are deemed residents for tuition purposes. Active members of the military stationed in Louisiana, along with their spouses and dependents are classified as "temporary residents" and are exempt from nonresident fees. Members of the diplomatic service of another country assigned to full-time duties in state, and their dependents are eligible for resident status. Finally, resident fee benefits are extended to the unmarried dependents of full-time University employees who have been employed by the University for more than one year. (Last updated 2008)

Maine

Residency policies are set by individual institutions, however the Board of Trustees of the University of Maine establishes tuition classification policies applicable to all institutions under the University of Maine system. Generally, a student must have resided in Maine for purposes other than educational for at least one continuous year prior to enrollment in a postsecondary institution to be deemed a resident for tuition purposes. A student who is dependent on his or her parent(s) or legal guardian is considered to have a domicile with the parent(s) for tuition purposes. A student will be regarded as a resident if he or she is the spouse or domestic partner of someone who has continuous, full-time employment in Maine. Resident tuition benefits are extended to active members of the United States Armed Forces stationed in state, their spouses or domestic partners, and dependents. Students who hold non-immigrant United States visas are not eligible for resident tuition benefits, and an individual who is not a domiciliary of the United States cannot be a domiciliary of Maine. (Last updated 2008)

Maryland

Residency policies are set by the Board of Regents. To qualify for resident tuition benefits, a student must provide evidence that he or she resided in Maryland for at least one continuous year prior to enrollment in a postsecondary institution; will abandon a former domicile; has the intention of making Maryland a permanent home; and will reside in-state indefinitely for purposes other than attending an educational institution. If a dependent, the student's domicile is that of the parent(s). Students who do not meet these requirements will be deemed as non-residents for admission and tuition purposes. However, the Board grants resident tuition benefits for certain eligible non-residents including, but not limited to, full-time or part-time regular employees of USM or a USM institution; active members of the United States Armed Forces, and their spouses or dependents, who reside or are stationed in Maryland; veterans of the Armed Forces who attended a Maryland high school for at least three years and graduated; and graduate assistants appointed through a USM institution. (Last updated 2008)

Massachussetts

Residency policies are determined by individual institutions. The following information is from the University of Massachusetts-Amherst. A student is classified as a resident if he or she has maintained domicile in state for at least one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). Individuals who hold legal and permanent immigration status and non-citizens who have been granted asylum or refugee status may be considered residents for tuition purposes. Resident tuition benefits are extended to: active members of the armed forces stationed in Massachusetts, along with their spouses and dependents; full-time faculty or staff of the University of Massachusetts system, their spouses and dependents; and students whose higher educational pursuits are funded by the Department of Welfare, the Massachusetts Rehabilitation Department, or any other state public assistance program. (Last updated 2008)

Michigan

Residency policies are determined by individual institutions. The following information pertains to Michigan State University. To qualify as a resident, a student must have established domicile in state for at least one continuous year prior to the first day of classes. If a dependent, the student's domicile is that of the parent(s). An active member of the armed forces who maintains Michigan as his or her official home of record, along with his or her dependents, is classified as a resident. In-state tuition benefits are extended to a variety of individuals, including, but not limited to, veterans who served for at least one year in military service and who move to Michigan with the intent of making the state a permanent home and migrant workers--and their dependents--who are employed in state for a specified length of time. Additionally, a student of the University who has graduated and accepted permanent full-time employment in state may seek a refund of the out-of-state tuition differential paid in any semesters falling within the 12 months prior to the acceptance of employment. Finally, immigrants who are in the U.S. on a temporary or student visa are not eligible for resident classification. (Last updated 2008)

Minnesota

Residency is established by the state legislature and tuition policies are determined by the Minnesota State Colleges and Universities Board of Trustees along with the Board of Regents. To be eligible for resident tuition benefits, a student must have resided in the state for at least one year prior to the first day of classes. If a dependent, the student's domicile is that of the parent(s). Residence in Minnesota must be for reasons other than to attend a postsecondary educational institution. The policy extends resident tuition benefits to specific students, including: graduate student assistants; students who are recognized as refugees by the Office of Refugee Resettlement of the U.S. Department of Health and Human Services; nonimmigrant international students; and active U.S. military personnel stationed in Minnesota and their spouses and dependents. In addition, postsecondary institutions may adopt policies to grant resident tuition benefits to students who are in the top 15 percent of their high school class or who score above the 85th percentile on a national standardized achievement test who reside in states that do not have reciprocity agreements with Minnesota. Additionally, the Board of Trustees has approved special pilot programs at several institutions to allow certain out-of-state students to pay in-state resident tuition rates. (Last updated 2008)

Mississippi

Residency is determined by the legislature. To qualify as a resident, a student must have established domicile in state for at least one continuous year prior to admission. If a dependent, the student's domicile is that of the parent(s). A student who attended a Mississippi high school for no less than four years and graduated shall be deemed a resident student for tuition purposes. Children of faculty or staff of any junior colleges or postsecondary institutions in the state may be classified as residents for the purpose of attendance at the institution where their parents are faculty or staff members. Active members of the United States military forces stationed in state, members of the Mississippi National Guard, and their spouses and dependents may be classified as residents. Finally, individuals without legal immigration status are classified as non-residents and are therefore not eligible for resident tuition rates. (Last updated 2008)

Missouri

Residency requirements are established by the Missouri Department of Higher Education. A student eligible for resident tuition benefits if there is evidence showing that the student lived within Missouri for a minimum of one continuous year prior to enrollment, coupled with proof of intent to make Missouri a permanent home for an indefinite period or presence within Missouri for the purpose of full-time employment. If a dependent, the student's domicile is that of the parent(s). Active members of the military, their spouses and dependents, are granted in-state tuition benefits. Students who are not United States citizens must be legal residents in order to be considered for in-state tuition rates. Students living outside of a district of a Missouri public community junior college are not eligible for the in-district student fee charges. (Last updated 2008)

Montana

Residency policies are determined by the Board of Regents. An individual can be classified as a resident student if he or she has maintained at least one year of continuous residence in Montana and intends to make the state his or her permanent home. If a dependent, the student's domicile is that of the parent(s). Active members of the United States armed forces stationed in Montana, along with their spouses and dependents are eligible for resident tuition benefits. A full-time employee who lives and works in Montana, his or her spouse and dependent children are eligible for resident tuition benefits, provided that the primary purpose for residing in Montana was not for the education of the children, spouse, or employed individual. Any United States citizen or permanent resident who graduates from an accredited Montana high school is eligible for in-state status provided that the student attended the high school for his or her entire senior year and his or her parent(s) resided in Montana for at least one year or was employed and resided in Yellowstone National Park. (Last updated 2008)

Nebraska

Residency policies are determined by the legislature. A resident is described as someone who has been habitually present in Nebraska for a minimum of 180 days and has the intention of making the state his or her permanent residence, supported with documentary proof. If a dependent, the student's domicile is that of the parent(s). A student without legal immigration status is eligible for resident tuition benefits provided that he or she has applied to or has a petition pending with the United States Immigration and Naturalization Service to attain lawful status under federal immigration law, has established residence in Nebraska for at least 180 days, and intends to make the state his or her permanent residence. In addition, staff members of the University of Nebraska, one of the state colleges or community colleges and their dependents, and active members of the United States armed services stationed in Nebraska and legal dependents of such individuals are eligible for resident tuition benefits. (Last updated 2008)

Nevada

No state-level policies identified for this issue.

New Hampshire

Residency policies are determined by the Board of Trustees. To qualify as a resident, a student must have established domicile in New Hampshire for at least one continuous year prior to registration. If a dependent, the student's domicile is that of the parent(s). Individuals residing in state solely for educational purposes are classified as nonresidents. Active members of the armed forces stationed in state, along with their spouse and dependents, are considered residents. (Last updated 2008)

New Jersey

Residency policies are determined by the legislature. Resident tuition benefits are granted to individuals who have been in New Jersey for at least one year prior to enrollment in a public postsecondary educational institution. If a dependent, the student's domicile is that of the parent(s). Persons who have been domiciled for less than one year will be considered non-residents. Residency is also granted to United States military personnel and their dependents who are living in New Jersey. (Last updated 2008)

New Mexico

No state-level policies identified for this issue.

New York

The Board of Trustees of the State University of New York are given statutory authority to determine residency policies. To qualify as a resident, a student must have established domicile in state for at least one continuous year prior to registration. If a dependent, the student's domicile is that of the parent(s). Active members of the armed forces stationed in New York, along with their dependents, are eligible for resident tuition rates. Immigrants who are permanent residents of the United States who fulfill the one year in-state residency requirement are classified as residents for tuition purposes. However, students holding a temporary or student visa are ineligible for resident tuition benefits. Finally, undocumented students who attend for at least two years and graduate from a state high school may be eligible for resident tuition. (Last updated 2008)

North Carolina

Residency policies are set by the legislature and regulated by the University of North Carolina Board of Governors. To qualify as a resident for tuition purposes, a student must have established domicile in North Carolina for at least one continuous year. If a dependent, the student's domicile is that of the parent(s). The student must establish that he or she is domiciled in state for reasons other than to attain tuition benefits. Resident tuition benefits are extended to nonresident members of the North Carolina National Guard. Full-time employees of the University of North Carolina, their spouses and dependents qualify as residents for tuition purposes, without having to fulfill the one year residency requirement. Moreover, the Board of Governors has the authority to set special nonresident tuition rates for specific students, including graduate assistants and undergraduate students who are deemed to have "special talents and qualifications." Finally, constituent institutions may consider undergraduate nonresident students who receive a full scholarship from entities recognized by the institution as residents for tuition purposes. (Last updated 2008)

North Dakota

North Dakota residency policies are governed by statutory requirements and by guidelines formulated by the State Board of Higher Education. To qualify as a resident student, a student must have established domicile in North Dakota for at least one continuous year prior to the beginning of an academic term. If a dependent, the student's domicile is that of the parent(s). Resident tuition benefits are extended to students who graduate from a North Dakota high school; active members of the armed forces stationed in state or North Dakota National Guard and their spouses and dependents; and a child, spouse, widow, or widower of a veteran who was killed in action or died from wounds or other service-connected causes, was totally disabled as a result of service-connected causes, died from service-connected disabilities, was a prisoner of war, or was declared missing in action. Finally, immigrants who hold permanent residency in the United States or those who have been granted asylum or refugee status are eligible for resident status. (Last updated 2008)

Ohio

Residency policies are determined by the legislature. Ohio law describes a resident as an individual who has maintained domicile in Ohio for at least one continuous year prior to enrollment for purposes other than gaining the benefit of resident tuition rates. If a dependent, the student's domicile is that of the parent(s). In addition, students who are full-time or part-time and self-sustaining employees residing in the state and who are pursuing part-time enrollment are eligible for in-state tuition. Active members of the United States military service and Ohio National Guard, and their spouses and dependents, stationed or residing in Ohio are also eligible for in-state tuition rates. Migrant workers employed in the state of Ohio and their dependents are considered residents for tuition purposes, provided that the worker has worked in state at least four months during each of the three years preceding enrollment. Students without legal immigration status are not eligible for resident tuition benefits. (Last updated 2008)

Oklahoma

Residency policies are determined by the state legislature. To qualify as a resident, a student must have established domicile in Oklahoma for at least one continuous year prior to enrollment. He or she must provide evidence that domicile was established for reasons other than to obtain resident tuition benefits. An individual who moves to Oklahoma for purposes of full-time employment, and his or her dependents are immediately deemed residents without having to fulfill the one year domiciliary requirement. If a dependent, the student's domicile is that of the parent(s). An active member of the United States armed forces who is stationed in Oklahoma is eligible to qualify as a resident. His or her spouse or dependents are also eligible for resident status. An Oklahoma resident who is an active member of the armed forces and is stationed outside of the state does not lose his or her in-state residency status and neither do his or her dependents. Individuals who are not United States citizens, but hold lawful permanent residence status who have resided in Oklahoma for at least one year are eligible for resident tuition benefits. If an individual cannot provide valid documentation of legal immigration status, but has graduated from a state high school may be eligible for enrollment, resident tuition and state student financial aid if he or she meets specific criteria outlined in the legislation. (Last updated 2008)

Oregon

Residency qualifications are established and regulated by the Oregon University System. An individual is considered a resident if he or she has established domicile in state for at least one continuous year. If a person moves to Oregon primarily for the purpose of obtaining an education, he or she will be not be granted in-state tuition rates. If a dependent, the student's domicile is that of the parent(s). Along with their spouses and dependents, active members of the armed forces stationed in Oregon are classified as residents. Resident tuition benefits are extended to members of federally recognized Native American tribes whose reservations lie within Oregon. Non-citizens who are lawful permanent residents of the United States, political refugees or individuals granted political asylum who fulfill the one year residency requirements may be considered Oregon residents. Persons who hold one of the specific non-immigrant visas as listed in the policies will be considered residents for tuition purposes. Finally, the University System has a reciprocity agreement with northern California. (Last updated 2008)

Pennsylvania

Residency policies are determined by the State System of Higher Education. To qualify as a resident, a student must have established domicile in state for at least one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). Resident classification is extended to active members of the armed forces stationed in Pennsylvania, along with their dependents. Non-citizens who hold an immigrant visa or who have indicated by formal action their intention to become U.S. citizens are eligible for classification as state residents on the same basis as U.S. citizens. (Last updated 2008)

Rhode Island

Residency qualifications are set by the Board of Governors. To qualify as a resident student, he or she must have maintained one continuous year of domicile in Rhode Island. If a dependent, the student's domicile is that of the parent(s). The student must provide evidence that his or her reason for domicile is for reasons other than to gain resident tuition benefits. Active members of the armed forces stationed in state, their spouses and dependent children are classified as residents. Lawful permanent residents and immigrants who fulfill the residency requirements are eligible for in-state classification. International students who have been granted Temporary Protected Status, refugee status, or political asylum by the INS and who present evidence of being domiciled in Rhode Island for at least one year are deemed as residents for tuition purposes. (Last updated 2008)

South Carolina

Residency policies are governed by the state legislature and the Commission on Higher Education. To qualify as a resident, a student must have established domicile in state for at least one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). The student must provide evidence that the establishment of domicile was for reasons other than to obtain resident tuition benefits. Along with their dependents, full-time faculty and employees of South Carolina's public colleges and universities qualify for resident tuition rates. In-state residency is extended to active duty members of the United States armed forces and their dependents, as long as they claim South Carolina as their state of legal residence during their military service. Non-citizens and non-permanent residents of the United States do not qualify for resident tuition rates. However, non-resident immigrants including refugees and individuals granted political asylum may be entitled to in-state classification once they have been awarded permanent resident status and meet all the statutory residency requirements. Resident tuition benefits are granted to certain non-resident immigrants present in the United States under specified visa classifications. However, these individuals are not eligible to receive state sponsored assistance or scholarships. (Last updated 2008)

South Dakota

No state-level policies identified for this issue.

Tennessee

Residency qualifications are set by the legislature and the Board of Regents. Board policy states that institutions should maintain a maximum limitation on the number of nonresident students of 15 percent to 20 percent of the total enrollment. Tennessee is the only state without a durational residency requirement meaning that no set time period is used to determine residency status. The legislation extends resident tuition benefits to out-of-state active members of the Tennessee National Guard enrolled in any of the state's postsecondary institutions. Active members of the armed forces, their spouses, and dependents stationed in Tennessee or at Fort Campbell will not be required to pay out-of-state tuition. A dependent whose parent is a law enforcement officer, fireman, or emergency medical service technician who was killed or totally and permanently disabled while on duty shall not be required to pay out-of-state tuition. The Board sets specific guidelines for students who are not domiciled in Tennessee but have a residence in a county adjacent to the Tennessee state line. These students qualify for in-state tuition rates to certain colleges and universities. Part-time students who are not domiciled in the state but who are full-time employees or who are stationed at Fort Campbell for military purposes, are classified as out-of-state students but are not required to pay out-of-state tuition. (Last updated 2008)

Texas

Residency policies are determined by the legislature. To qualify as a resident, a student must have established domicile in state for at least one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). Students who graduate from a state public or private high school and maintained in state residency for three years prior to graduation qualify as residents for tuition purposes. Resident status is granted to teachers or professors of postsecondary institutions and their spouses and dependents. Texas participates in exchange programs with Arkansas, Louisiana, New Mexico, Oklahoma and Mexico. These programs extend resident tuition rates to nonresidents who reside in the aforementioned locations; the legislation details which postsecondary institutions participate in the programs. Moreover, Texas grants resident status to undocumented students regardless of INS status provided that they fulfill certain requirements. In addition, Texas extends resident status to a variety of students without regard to length of in-state residency. The list includes, but is not limited to, non-immigrants, their spouses and children who reside in Texas in accordance with the NATO agreement; nurses and members of the armed forces honorably discharged who served in specific wars outlined in the legislation; and children of members killed or totally disabled while in military service. Active military personnel stationed in Texas and their dependents are granted resident tuition benefits. The spouse or dependents of a member of the armed forces who is stationed out-of-state are eligible for resident status if the member claims Texas as his or her permanent residence and if the spouse or dependent resides continuously in state. (Last updated 2008)

Utah

Residency policies are determined by the legislature. To qualify as a resident, students must have established domicile in state for at least one continuous year prior to registration. If a dependent, the student's domicile is that of the parent(s). Institutions of postsecondary education have the authority to grant resident status to any student who moves to Utah for purposes of education as long as they meet specific requirements. Active members of the armed forces stationed in Utah, and members outside of Utah who claim the state as their residence, and their dependents classify as residents for tuition purposes. Members of the Utah National Guard are also classified as resident students. Immigrants who hold student visas or other temporary visas cannot be classified as residents. However, immigrants who have been granted immigrant or permanent resident status are classified for resident status using the same criteria applicable to citizens. A student without lawful immigration status is eligible for resident tuition benefits as long as he or she attends a state high school for three or more years, graduates, and files an affidavit with the postsecondary institution stating that the student has filed or will file an application to legalize his or her status. Resident status is extended to members of any Native American Indian tribe whose lands lie within Utah or whose border is contiguous with the border of Utah. In addition, members of a federally recognized Utah Native American tribe who have graduated from a state high school are also entitled to resident student status. (Last updated 2008)

Vermont

Residency policies are determined by the legislature. To qualify as a resident, a student must reside in Vermont for one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). Students who move to Vermont to attain tuition benefits will not be considered residents. Active members of the armed forces who are transferred to Vermont other than for the purpose of education will be considered residents for tuition purposes. (Last updated 2008)

Virginia

Residency policies are determined by the legislature. To qualify as a resident student, he or she must have been domiciled in Virginia for at least one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). Physical presence or residence in the state must be for reasons other than to attain education benefits. Active members of the armed forces residing in the state, retired military personnel residing in state, along with their spouses and dependents are eligible for resident tuition benefits. Immigrant students with a valid visa, permanent resident status, or individuals who are classified as political refugees will establish eligibility for in-state tuition in the same manner as any other student. However, any person holding a student or other temporary visa is ineligible for Virginia domicile and for in-state tuition rates. (Last updated 2008)

Washington

Residency policies are determined by the legislature. A resident student is one who has lived in Washington for at least one year prior to the first day of classes. If a dependent, the student's domicile is that of the parent(s). Resident tuition benefits are also extended to Oregon residents who live in specific counties as listed in the legislation. A student who graduates from a Washington high school and has spent at least 75 percent of his or her junior and senior years in a Washington high school is classified as a resident student. Active members of the armed forces or National Guard, along with their spouses and dependents, are classified as residents. Resident tuition benefits are granted to students who are members of federally recognized Native American tribes whose lands include parts of Washington, as long as the student resided in one or a combination of the following states: Idaho, Montana, Oregon, or Washington for at least one year prior to enrollment. The governing boards of state universities hold the authority to exempt the following from a portion or all of the nonresident tuition fees differential: nonresident graduate assistants; faculty and staff of postsecondary institutions, along with their spouses and dependents; any immigrant or refugee and his or her spouse and children, only if the refugee is on parole status or has received an immigrant visa or has applied for U.S. citizenship; and any dependent of a member of the United States congress representing Washington. Finally, individuals who are not United States citizens, permanent or temporary residents, and those who do not hold "refugee-parolee" or "conditional entrant" status are considered non-residents. (Last updated 2008)

Washington D.C.

No state-level policies identified for this issue.

West Virginia

Residency policies are governed by the Higher Education Policy Commission. Students domiciled in state for at least one continuous year are classified as residents, provided that they have not set up domicile primarily for educational purposes. If a dependent, the student's domicile is that of the parent(s). Active members of the armed forces who are stationed out-of-state are considered resident students, provided that they established residency in West Virginia prior to entrance into federal service. Spouses and dependents of such individuals will also be classified as residents for tuition purposes. In addition, active members of the armed forces who are stationed in West Virginia, along with their spouses and dependents, will also be considered residents for tuition purposes. The Commission details policies concerning immigrants, which state that individuals who hold resident visas or who have filed a petition for naturalization and who have established domicile in West Virginia may be classified as residents for tuition purposes. Political refugees may also be eligible for in-state classification. However, individuals holding a student or other temporary visa are not eligible for in-state residency status. (Last updated 2008)

Wisconsin

Residency policies are determined by the legislature. To qualify as a resident student, domicile must be established in Wisconsin for at least one continuous year prior to enrollment. If a dependent, the student's domicile is that of the parent(s). Any person who is a refugee and intends to maintain permanent residence in Wisconsin may be classified as a resident. Nonresident active members of the armed forces stationed in Wisconsin, their spouses and dependents are classified as residents. Active members of the armed forces originally from Wisconsin who are stationed outside of the state, and spouses and dependents of veterans are classified as residents. Students who graduate from a Wisconsin high school, whose parents were domiciled in the state for at least one year prior to enrollment are classified as residents. Finally, the Board of Regents holds the authority to remit nonresident tuition to a number of needy and worthy nonresident students upon the basis of merit. The board may also remit nonresident tuition to worthy and needy foreign students and to students who are United States citizens but do not reside in the country. (Last updated 2008)

Wyoming

No state-level policies identified for this issue.