Board of Trustees Policy  520.8

STUDENT RESIDENCY STATUS FOR FEE PURPOSES

The original PDF version of this policy is linked from the revised date below.

I.         Purpose

The purpose of these regulations is to enable the administrative officers of the University of Arkansas to classify students for the purpose of paying student fees, as either "in-state" or "out-of-state," so as to accord fairness and equity to the students of the University and to the public which provides support for the educational services provided by the University.

II.        Initial Classifications

A.       A student shall be admitted to the University in an "in-state" or "out-of-state" status for University fee purposes, as established under these regulations.

Except as otherwise provided under these regulations, a student classified as "in-state" for university fee purposes at the time of admission must have established a bona fide domicile in Arkansas and must have resided continuously in this state in that bona fide domiciliary status for at least six consecutive months prior to the beginning of the term or semester for which fees are paid.

B.       A bona fide domicile is a home of apparent true, fixed, and permanent nature, a place of actual residing for all purposes of living that may be distinguished from a temporary sojourn in this state as a student. The person claiming domicile in Arkansas must provide evidence of permanent connection with the State of Arkansas and demonstrate the expectation of remaining in this state beyond graduation. For purposes of implementing these policies, the administration is directed to articulate standards which will be applied in making the determination of residence.

C.       Except as otherwise provided under these regulations, the domicile of an adult (18 years of age or older) or emancipated minor student shall be determined on the basis of his or her own domicile.

D.      Except as otherwise provided under these regulations, the domicile and residence of an unemancipated minor student (less than 18 years of age) or an unmarried dependent who has not attained the age of 23 is legally that of the parents or surviving parent, or such other person legally standing in the place of a parent to the student and with whom the student in fact makes his or her home and who has been making substantial contributions to the support of the student for at least six consecutive months prior to the term or semester for which the fees are paid.

E.      A student who cannot satisfy the criteria for Arkansas domicile and residence will be classified as an "out-of-state" student and will pay fees and tuition accordingly. The student on a temporary visa will be classified as a foreign student and will pay non-resident tuition and fees. A student who has been granted a permanent visa and has been domiciled in Arkansas for six consecutive months following receipt of the permanent visa shall be classified as an Arkansas resident for fee purposes.

F.     The responsibility for registering under a proper classification for student fee purposes is placed upon the student. It is the duty of each student at each time of registration to call any question about residency classification status to the attention of the campus classification review officer in a timely fashion in order that the question may be settled (see IV Procedures).

G.    The six-month period required in paragraph A of these regulations may be waived for persons, their spouses, and their unmarried children (who have not yet attained the age of 23) who move to Arkansas1 with attendance at the University only a by-product of the primary purpose of establishing domicile in this state.

H.    An unmarried student who has not reached the age of 23 years having one parent residing in Arkansas (for at least six consecutive months immediately prior to the beginning of the term or semester in which the fees are to be paid) may be considered an "in-state" student for fee purposes, even if that student resided outside the state with the other parent before coming to Arkansas to attend the University.

I.    Marriage is recognized as emancipation for both females and males.

J.    The spouse of a person continuously domiciled in Arkansas (for at least six consecutive months immediately prior to the beginning of the term or semester in which the fees are to be paid) upon request shall be classified as "in-state" for fee purposes.

III.     Reclassifications

A.    The initial classification of a student will not prejudice a different classification for following terms or semesters. However, a student's prior domicile is assumed to continue until he or she clearly establishes a new domicile in Arkansas (see IV Procedures).

B.    A student previously classified as "out-of-state" may be reclassified as "in-state" for fee purposes if he or she has established a bona fide domicile in Arkansas and has resided continuously in this state in that bona fide domiciliary status for at least six consecutive months prior to his or her reclassification by the University. In order for an adult or an emancipated minor to establish a bona fide domicile in Arkansas for fee purposes, he or she must have left the parental home, must have established in this state a home of a permanent character as manifested objectively by good faith acts, and must have the expectation of remaining in this state beyond graduation. The single fact of presence in Arkansas for at least six months of attendance as a student enrolled in the University of Arkansas, or any other educational institution, neither constitutes nor necessarily precludes reclassification as one domiciled in Arkansas, but will be a factor to be considered.

1For the purpose of this policy, dependents are the spouse and unmarried children who are legal dependents as defined by the IRS.

IV.     Procedures

A.    A student shall have the burden of establishing any claim that he or she is entitled to be treated as "in-state" for fee purposes. Persuasive evidence to that effect must be presented in writing and verified under oath by the student. Mere claims of local domicile and duration of stay are of little weight. A student who knowingly gives erroneous information in an attempt to evade the payment of "out-of-state" fees may be subject to dismissal from the University.

B.    All disputed classifications for student fee purposes, whether at initial enrollment or subsequent enrollments, and all disputed reclassifications will be decided initially on each campus by a classification review officer designated by each Chancellor.

C.    The Chancellor of each campus will designate a campus classification appeal officer to receive petitions from decisions made by the campus classification review officer. Each campus classification appeal officer may, in his/her discretion, make investigations, receive evidence, and conduct informal hearings. After considering the case, the campus classification appeal officer will render a decision and notify the affected student of the decision in writing. Any decision of the campus classification appeal officer may be appealed to the Vice President for Academic Affairs of the University of Arkansas System, who shall recommend final disposition to the President of the University. 

D.    Written notice of the appeals procedure will be provided to each student raising a question about his/her status with the campus residency classification review officer.

E.    Determination of domicile will be based on a review of all pertinent facts, evidence, and circumstances which collectively show, in an objective and clear manner, the actual domicile of the student.

January 18, 1985 (Revised)
December 14, 1973 (Revised)
September 24, 1971