6 CSR 10-3.010 - Determination of Student Residency
(1) Definitions.
(A) Academic year is the period from July 1
of any year through June 30 of the following year.
(B) Adult student shall mean any emancipated
minor student or any student having attained the age of twenty-one (21)
years.
(C) Continuous enrollment
shall mean enrollment in a Missouri institution in at least one (1) credit or
clock hour or the equivalent in at least one (1) semester, excluding summer
terms, each academic year.
(D)
Coordinating board or board shall mean the Coordinating Board for Higher
Education created by section
173.005, RSMo.
(E) Dependent student shall mean, for the
purposes of state financial aid eligibility, any student who is not an
independent student.
(F) Domicile
shall mean presence in a state with an intent of making the state a permanent
home for an indefinite period.
(G)
Emancipated minor student shall mean any student not having attained the age of
twenty-one (21) years and who is not under the care, custody, and support of a
legal custodian(s). An unemancipated minor may become emancipated through
marriage, formal court action, abandonment, or positive action of alienation on
the part of the minor. Mere absence of the minor student from the domicile of
his or her legal custodian(s) shall not constitute proof of emancipation. Any
minor student taken as an income tax deduction by anyone other than a spouse
shall be considered an unemancipated minor. In all instances, alienation from
care, custody, and support shall be complete, and the burden of satisfactory
proof of emancipation shall be that of the minor student.
(H) Independent student shall mean, for the
purposes of state financial aid eligibility, any student who qualifies as an
independent student under section 480(d) of the Higher Education Act of 1965,
as amended, codified at 20
U.S.C. section
1087vv(d).
(I) Residency or resident status shall mean
that status which is achieved when sufficient proof of domicile in a state is
presented.
(J) Unemancipated minor
student shall mean any student not having attained the age of twenty-one (21)
years, and who remains under the care, custody, or support of the legal
custodian(s) of the student.
(2) Resident Tuition Eligibility.
(A) If a nonresident adult student or
unemancipated minor student's nonresident legal custodian(s) presents
sufficient proof of domicile in Missouri, such student shall be granted
resident status at the first enrollment following the establishment of the
domicile.
(B) Domicile of an
unemancipated minor student is presumed to be that of the student's legal
custodian(s). In order to establish domicile for an unemancipated minor
student, a divorced or separated legal custodian claiming Missouri residency
must, in addition to the factors listed in section (6) of this rule, show-
1. A divorce decree or separation agreement
giving the resident legal custodian joint or sole legal or physical custody of
the unemancipated minor student; or
2. A notarized declaration that the
unemancipated minor student resides with the resident legal custodian a
majority of the year.
(C)
Once an unemancipated minor establishes residency under this rule, they may
continue to qualify for resident status so long as they remain continuously
enrolled, excluding summer terms, in a Missouri institution of higher
education, even if the legal custodian(s) of the unemancipated minor student
cease to hold Missouri resident status or the student becomes an adult
student.
(D) The criteria set forth
in this rule for establishing Missouri residency shall also apply to
determinations of in-district residency for public community college
districts.
(3) State
Financial Aid Eligibility.
(A) If a
nonresident independent student or dependent student's nonresident legal
custodian(s) presents sufficient proof of domicile in Missouri, such student
shall be granted resident status at the first enrollment following the
establishment of the domicile.
(B)
Domicile of a dependent student is presumed to be that of the student's legal
custodian(s). In order to establish domicile for a dependent student, a
divorced or separated legal custodian claiming Missouri residency must, in
addition to the factors listed in section (6) of this rule, show that his or
her information was reported on the student's Free Application for Federal
Student Aid.
(C) Once a dependent
student establishes resident status under this rule, they may continue to
qualify for resident status so long as they remain continuously enrolled,
excluding summer terms, in a Missouri institution of higher education, even if
the legal custodian(s) of the dependent student ceases to hold Missouri
resident status or the student becomes an independent student.
(D) Resident status is one (1) criterion of
eligibility for state financial aid awards administered by the coordinating
board. Resident status does not guarantee an award of state financial
aid.
(4) Members of the
Military Forces.
(A) Students shall neither
gain nor lose resident status solely as a consequence of military
service.
(B) Military personnel,
when stationed in Missouri pursuant to military orders, their spouses, and
dependents, as defined at 37
U.S.C. section 401(a) for
tuition purposes and at subsection (1)(E) of this rule for state aid purposes,
shall be regarded as holding Missouri resident status. However, a member of the
military forces who is specifically assigned, under orders, to attend a
Missouri institution of higher education as a full-time student, shall be
classified, along with his/her spouse and dependents, as if they had no
connection with the military forces.
(C) Any individual who is currently serving
in the Missouri National Guard or a reserve component of the military forces of
the United States or who is in the process of separating from any branch of the
military forces of the United States with an honorable or a general discharge
shall have resident status for purposes of admission and-
1. In-state tuition at any public college or
university, if the individual-
A. Demonstrates
presence in Missouri; and
B.
Declares residency in Missouri; or
2. In-state, in-district tuition at any
public community college, if the individual-
A. Demonstrates presence in the taxing
district; and
B. Declares residency
in the taxing district.
(D) The following criteria shall be used by
an institution for purposes of determining an individual's separation status
under subsection (C) of this section:
1. An
individual shall be considered to be in the process of separating from any
branch of the military forces at any time after receipt of formal separation
orders but prior to three (3) years after receiving an honorable or general
discharge;
2. An individual may
demonstrate presence and declare residency in Missouri and/or the taxing
district through a signed statement indicating the individual currently resides
in Missouri and/or the taxing district and intends to make Missouri and/or the
taxing district a permanent home; and
3. Discharge status shall be determined based
on information contained in the Certificate of Release or Discharge from Active
Duty (DD 214).
(5) Noncitizens of the United States.
(A) Individuals who are not citizens of the
United States must possess a lawful immigration status, as determined by the
federal government, prior to consideration for resident status as otherwise
provided in this rule, except that individuals and their family members who
hold F, J, or M visa status are ineligible for resident status.
(6) Determination of Resident
Status.
(A) Attendance at an institution of
higher education shall be regarded as a temporary presence inside or outside of
Missouri; therefore, a student neither gains nor loses resident status solely
by such attendance.
(B) The burden
of proof of establishing eligibility for Missouri resident status shall rest
with the student.
(C) Either of the
following shall be sufficient proof of domicile in Missouri:
1. Presence in Missouri for a minimum of the
twelve (12) immediate past, consecutive months coupled with proof of intent,
pursuant to subsection (D) of this section, to make Missouri a permanent home
for an indefinite period; or
2.
Presence in Missouri for the purpose of retirement, full-time employment,
full-time professional practice, or to conduct a business full-time coupled
with proof of intent, pursuant to subsection (D) of this section, to make
Missouri a permanent home for an indefinite period.
(D) In determining whether an adult or
independent student, or the legal custodian(s) of an unemancipated minor or
dependent student intends to make Missouri a permanent home for an indefinite
period, the following factors, although not conclusive, shall be considered:
1. Heavily weighted factors-
A. Continuous presence in Missouri during
those periods not enrolled as a student;
B. Marriage to a Missouri resident and
sharing a home with the resident spouse in Missouri;
C. Substantial reliance on sources in
Missouri for financial support;
D.
Former domicile in Missouri and maintenance of significant connections while
absent; and
E. Ownership of a home
in Missouri;
2. Lightly
weighted factors-
A. Registration for
voting;
B. Part-time
employment;
C. Lease of living
quarters;
D. A written statement of
intent to establish domicile in Missouri;
E. Automobile registration or driver's
license obtained in Missouri; and
F. Payment of income, personal, or property
taxes in Missouri.
(7) Grace Period for Loss of Residency
Status.
(A) An adult or emancipated minor
student will lose Missouri residency status twelve (12) consecutive months
after he or she can no longer demonstrate sufficient proof of domicile, as
provided in this rule.
(B) An
unemancipated minor or dependent student will lose Missouri residency status
twelve (12) consecutive months after the legal custodian(s) of that student can
no longer demonstrate sufficient proof of domicile, except as provided in
subsections (2)(C) and (3)(C) of this rule.
(8) Administrative and Compliance.
(A) Each institution shall establish
procedures for the determination of institutional decisions in accordance with
this rule. These procedures shall adhere to the guidelines set forth in this
rule and to the concepts of procedural fairness and reasonableness to the
students, to the institution and to the taxpaying public of the state. The
procedures shall provide for at least two (2) levels of institutional appeal
review and the last stage of the procedure shall be considered final by the
institution.
(B) Compliance with
the guidelines as set forth in this rule is required of institutions of higher
education in order to be determined as eligible institutions under state
financial aid programs administered by the coordinating board and for which
student eligibility is restricted to residents. For state financial aid
purposes, institutions may exercise professional judgment in residency
determinations for documented exceptional circumstances.
(C) On complaint of any student or other
indication of possible institutional noncompliance with the guidelines set
forth in this rule, the coordinating board may review the eligibility of an
institution for state financial aid programs, or any other funds administered
by the board and may take such actions or make such recommendations relating to
the institution's eligibility as the coordinating board deems appropriate.
These actions shall be consistent with any other administrative rules the board
has established pertaining to the review of institutional
eligibility.
Notes
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