University Registrar
University of Kentucky
Lexington, KY 40506-0033
Determination of Residency Status for
Admissions and Tuition Assessmant Purposes.
RELATES TO: KRS 164.020, 164.030
STATUTORY AUTHORITY: KRS 164.020
NECESSITY AND FUNCTION: Public institutions of higher education were established and are maintained by the Commonwealth of Kentucky primarily for the benefit of qualified residents of Kentucky. The substantial commitment of public resources to higher education is predicated on the proposition that the state benefits significantly from the existence of an educated citizenry. As a matter of policy, access to higher education is provided so far as feasible at reasonable cost to residents of the state. It is the long-standing practice of the Council on Higher Education to require students who are not Kentucky residents to meet higher admission standards and to pay a higher level of tuition than resident students. The Commonwealth of Kentucky uses residency requirements to determine items such as voting rights, income tax liability, and employment in certain occupations. The requirements for residency vary in form and substance for each of these uses. The purpose of this administrative regulation is to establish a process and corresponding guidelines for the determination of residency status for students seeking admission to, or who are enrolled in, public institutions of higher education. Furthermore, it is the intent of the Council on Higher Education that this administrative regulation be interpreted and applied in a uniform manner, as described herein, in determining whether students shall be classified as residents or nonresidents for admission and tuition assessment purposes.
Section 1. Definitions.
(1) "Academic term" means a division of the school year during which a course
of studies is offered: semester, quarter, or summer term as defined by the
institution in a manner consistent with subsection (16) of this section.
(2) "Continuous enrollment" means a person is enrolled in the Kentucky system of state-supported colleges and universities at the same degree level for consecutive terms, excluding summer term, since the beginning of the period for which continuous enrollment is claimed unless a sequence of continuous enrollment is broken where the student fails to enroll for a consecutive academic term excluding summer term, except under extenuating circumstances beyond the student's control, such as serious personal illness or injury, or illness or death of a parent.
(3) "Determination of residency status" means the process and decision by which a person is classified as a Kentucky resident or as a nonresident in accordance with this administrative regulation.
(4) "Degree level" means one (1) of the following:
(5) "Dependent person" means a person who is unable to meet all of the criteria listed in subsection (10) of this section.
(6) "Documentation" means source documents, such as official letters, papers, or sworn statements.
(7) "Domicile" means a person's true, fixed, and permanent home and is the place where the person intends to remain, and to which the person expects to return without intending to establish a new domicile elsewhere.
(8) "Full-time employment" means employment for at least forty-eight (48) weeks at an average of at least thirty (30) hours per week.
(9) "Half-time enrollment" means any enrollment during an academic term which is equal to one-half (1/2) of full time as determined by the institution.
(10) "Independent person" means a person who demonstrates financial independence from parents and persons other than a spouse and who can meet the criteria in Section 2(2)(a) of this administrative regulation.
(11) "Institution", "institution of higher education", or "college" means all entities offering instruction and conferring degrees or diplomas beyond the secondary school level, including four (4) year colleges or universities, two (2) year institutions including community colleges and postsecondary vocational-technical schools unless the type of institution shall be expressly stated.
(12) "Kentucky residency" or "Kentucky resident" means the result of a determination by an institution that a person is a resident of Kentucky for the purpose of tuition assessment and for the purpose of admission to that institution, if applicable.
(13) "Nonresident" means a person who is domiciled outside of Kentucky or who currently maintains legal residence outside Kentucky or who has not met the criteria for establishing Kentucky residency as defined in this administrative regulation.
(14) "Parent" means one (1) of the following:
(a) a person's father or mother; or,
(b) a court-appointed legal guardian recognized by an appropriate court within the United States in which there is a relinquishment of the rights of the parents but shall not apply if a guardianship has been established primarily for the purpose of conferring the status of Kentucky residency on a person.
(15) "Residence" or "residency" means the place of abode of a person and the place where the person is physically present most of the time for a noneducational purpose in accordance with Section 2 of this administrative regulation.
(16) "Summer term" means the sum of the summer session enrollment periods following the spring academic term and preceding the fall academic term as defined by an institution of higher education.
(17) "Sustenance" means living expenses including room, board, maintenance, transportation, and educational expenses including tuition, fees, books, and supplies.
Section 2. Guidelines for Determination of Residency Status.
(1) (a) An initial determination of residency status for admission and tuition
assessment purposes shall be based upon the facts in existence when the
credentials established by an institution for admission for a specific academic
term have been received.
(b) An initial determination of residency status is made on:
1. The basis of information derived from admissions materials;
2. Other materials required by an institution and which are consistent with this administrative regulation; or
3. Other information available to the institution.
(c) An individual seeking a determination of residency status must demonstrate that status by clear and convincing evidence.
(d) An undergraduate student whose admissions records show the student to be a graduate of an out-of-state high school shall be presumed to be a nonresident unless the person demonstrates Kentucky domicile and residency. An institution shall make a determination that a student is a nonresident in the absence of such evidence.
(e) A student whose admissions records indicate the student's residence to be outside of Kentucky at the time of application for admission is presumed to be a nonresident.
(2) (a) A determination shall first be made of whether a student is dependent or independent. In determining the dependent or independent status of a person, the following information shall be considered as well as any other relevant information available at the time the determination is made.
(b) A person claiming independent status shall document that status and demonstrate that the person:
1. Has not been claimed as a dependent on the federal or state tax returns for the year preceding the date of application for a determination of residency status; or
2. Is no longer claimed by a parent or other person as a dependent or an exemption for federal and state tax purposes; and,
3. Has financial earnings and resources independent of parents and persons other than a spouse necessary to provide for the person's own sustenance.
(3) (a) 1. A dependent person whose parent or parents are domiciled in and whose parents are residents of this state, and whose parents subsequently move from this state, shall be considered a Kentucky resident for the purpose of this administrative regulation while in continuous enrollment at the degree level in which currently enrolled.
2. If continuous enrollment is broken or the current degree level is completed, the person's residency status shall be reassessed in accordance with this administrative regulation.
(b) An independent person who moves to Kentucky and within twelve (12) months enrolls in an institution of higher education more than half-time shall be presumed to have come to Kentucky primarily for educational purposes and shall be presumed to be a nonresident and shall be so classified unless establishment of a Kentucky domicile and residency can be demonstrated in a manner consistent with this administrative regulation.
(c) An independent person who provides clear and convincing evidence of Kentucky domicile and residency shall be so classified as shall that person's spouse or dependent children, notwithstanding the provisions of paragraph (d) of this subsection.
(d) A person who moves to Kentucky primarily for the purpose of enrollment of either self, spouse, or a dependent in an institution of higher education shall not be granted Kentucky residency unless such person can demonstrate establishment of Kentucky domicile and residency.
(e) If an independent person or the sole parent or both parents of a dependent person moves out-of-state, domicile and Kentucky residency, having been established is retained until steps are taken to establish domicile and residency elsewhere.
(f) The same facts and conditions which are presumed in establishing Kentucky domicile and residency are similarly presumed in determining when domicile and residency are established elsewhere.
(g) A person is presumed to have lost Kentucky domicile and residency upon a one (1) year continuous absence from the state unless the person asserting Kentucky domicile and residency can establish that Kentucky domicile and residency are maintained.
(h) Upon transfer to, or matriculation from, a Kentucky public institution of higher education, a student's residency status shall be reassessed by the receiving institution subject to the provisions for continuous enrollment.
(i) 1. An individual or the spouse or dependent of an individual whose domicile and residency was Kentucky at the time of induction into the Armed Forces of the United States, and who maintains Kentucky as home of record and permanent address, shall be entitled to Kentucky residency status during the time of active service; or
2. If the individual returns to this state within six (6) months of the date of discharge from active duty having met the provisions of subparagraph 1 of this paragraph, the student, spouse, and dependents shall retain Kentucky residency status.
(j) 1. A member or the spouse or dependent of a member of the Armed Forces of the United States stationed in Kentucky on active military orders shall be considered a Kentucky resident while the member is on active duty in this state pursuant to such orders.
2. A member or the spouse of the member, while in continuous attendance at the degree level in which currently enrolled, shall not lose Kentucky residency status when the member is thereafter transferred on military orders.
3. Individuals classified under this section shall be reassessed in accordance with the appropriate sections of this administrative regulation when the qualifying condition is terminated. The provision of this paragraph shall not apply if the individual is stationed in Kentucky for the purpose of enrollment at an institution of higher education or is on temporary assignment of less than one (1) year.
4. The student, while in continuous attendance at the degree level in which currently enrolled, shall not lose Kentucky residency status when the parent is thereafter transferred on military orders.
5. If continuous attendance is broken or the current degree level is completed, a person's residency status shall be reassessed in accordance with the appropriate sections of this administrative regulation. This paragraph is not applicable if the parent is stationed in Kentucky for the purpose of enrollment at an institution of higher education or is on a temporary assignment of less than one (1) year.
(k) 1. A person holding a permanent residency visa or classified as a political refugee shall establish domicile and residency in the same manner as any other person.
2. Time spent in Kentucky and progress made in fulfilling the conditions of domicile and residency as stated in this section prior to obtaining permanent status may be considered in establishing Kentucky domicile and residency.
(l) A person holding a nonimmigrant visa with designation A, E, G, H, I, L or TN shall establish domicile and residency the same as any other person.
(m) 1. A person holding a nonimmigrant visa with designations B, C, D, F, J, K or M does not have the capacity to remain in Kentucky indefinitely and may not attain Kentucky residency status for admission and tuition assessment purposes.
2. A person holding a visa as described in subparagraph 1 of this paragraph, but who is a dependent of a parent holding a visa as described in paragraph (1) of this subsection, shall be considered as holding the visa of the parent for the purpose of residency status.
3. If a person requesting a change in residency status becomes independent or if the status of the parent of a dependent person changes, the institution shall reassess residency.
(n) Pursuant to KRS 164A.330 and 200 KAR 16:040, beneficiaries of a Kentucky Educational Savings Plan Trust shall be granted residency status for tuition purposes if:
1. The beneficiary is covered under a vested participation agreement;
2. The beneficiary has been a continuous resident of the Commonwealth of Kentucky during the eight (8) year vestment period; and
3. The beneficiary enrolls in an institution of higher education in Kentucky prior to enrollment in any other educational institution.
(o) Kentucky residency status shall not be conferred by the performance of acts which are auxiliary to fulfilling educational objectives or by acts which are performed as a matter of convenience. Mere physical presence in Kentucky including living with relatives or friends is not sufficient evidence of domicile and residency.
(4) The types of documentation and evidence used in a determination of residency status shall include but shall not be limited to the following:
(a) 1. The domicile and residency of a dependent person are that of either parent. The domicile and residency of the parent shall be determined in the same manner as the domicile and residency of an independent person.
2. Individuals who enroll in college immediately following graduation from high school and remain enrolled are presumed to be dependent persons unless the contrary is evident from the information submitted. In such cases, domicile may be inferred from the studentÕs permanent address, parent's mailing address, or location of high school of graduation.
3. The domicile and residency of a dependent person whose parents are divorced, separated, or otherwise living apart shall be presumed to be Kentucky if either parent is domiciled in and is a Kentucky resident regardless of which parent has legal custody or is entitled to claim that person as a dependent pursuant to Kentucky income tax provisions.
(b) 1. A person claiming independent status shall document independent status consistent with this administrative regulation and shall demonstrate by clear and convincing evidence that Kentucky domicile and residency have been established.
2. No independent person classified as a nonresident shall be presumed to have gained Kentucky residency status while being enrolled in any institution of higher education more than half time unless that person has established domicile and residency in Kentucky.
(c) A determination of Kentucky domicile and residency shall be based upon verifiable circumstances or actions. No single fact is paramount, and each situation shall be evaluated to identify those facts which are essential to the determination of domicile and residency.
(d) The following facts, although not conclusive, shall have probative value in support of a claim for Kentucky residency:
1. Acceptance of an offer of full-time employment or transfer to an employer in Kentucky or contiguous area while maintaining domicile in Kentucky;
2. Continuous physical presence in Kentucky while in a nonstudent status for the (twelve) 12 months immediately preceding commencement of the academic term for which a classification of Kentucky residency is sought;
3. Filing of Kentucky resident income tax return for the calendar year preceding the date of application for a change in residency status or payment of Kentucky withholding taxes while employed during the calendar year for which a change in classification is sought;
4. Full-time employment of at least one (1) year while living in Kentucky;
5. Attendance as a full-time, nonresident student at an out-of-state institution of higher education based on a determination by that school that the person is a resident of Kentucky;
6. Abandonment of a former domicile or residence and establishing domicile and residency in Kentucky with attendance at an institution of higher education following and only incidental to such change in domicile and residency;
7. Obtaining licensing or certification for professional and occupational purposes in Kentucky;
8. Payment of real property taxes in Kentucky;
9. Payment of intangible personal property taxes in Kentucky;
10. Ownership of real property in Kentucky, if the property was used by the student as a residence preceding the date of application for a determination of residency status;
11. Long-term lease of at least twelve (12) consecutive months of noncollegiate housing;
12. Kentucky automobile registration;
13. Kentucky driver's license;
14. Continued presence as a resident in Kentucky during vacation periods;
15. Marriage to a Kentucky resident; and
16. Registration as a Kentucky voter.
(5) (a) A determination of residency status shall be based upon verifiable circumstances or actions, and a student may be required to submit original or notarized copies of any documents required or offered in support of a claim of Kentucky domicile and residency.
(b) Evidence cited as the basis for domicile and residency shall be documented and the required documentation shall accompany the application for a change in a determination of residency status.
(c) Institutions may request additional documentation to clarify the person's circumstances and to formulate a determination of residency status which considers all relevant facts.
Section 3. Penalty and Sanctions for Submission of False Documents.
(1) A student who gives incorrect or misleading information to institutional
officials may be subject to criminal prosecution and to such disciplinary
sanctions as may be imposed by the institution through a policy written and
disseminated to students.
(2) A penalty or sanction because of incorrect information shall include but not necessarily be limited to the payment of nonresident tuition for each academic term for which tuition was assessed based on an improper determination of residency status.
Section 4. Determination of Residency Status by Institution.
(1) A determination of residency status by an institution refers to:
(a) The determination reached by the institution at the time of consideration of admission including an initial determination and review of that decision by the institution conducted in accordance with university policy and consistent with this administrative regulation; or,
(b) A subsequent review of a request for a change in a determination of residency status by the institution whether initiated by the student, the institution, or the Council on Higher Education.
(2) Each institution shall designate a person or office at the institution with responsibility for a determination of residency status at that institution.
(3) Each institution shall designate an administrative office or person with delegated day-to-day responsibility for administration of this administrative regulation. The designation of an administrative office or person shall be in writing setting forth the duties and responsibilities. A copy shall be provided to the Council on Higher Education.
(4) Each institution shall establish by written policy filed with the Council on Higher Education a residency review committee which shall be a standing committee, to review, evaluate and act upon:
(a) Student requests for a change in a determination of residency status; or,
(b) A recommendation of the administrative office or person designated pursuant to subsection (3) of this section, that the residency review committee review, evaluate, and act upon a determination of residency status.
(5) (a) The residency review committee shall be established by the institution in a manner set forth by the institution in accordance with this section.
(b) Membership on the residency review committee shall include at least one (1) faculty and one (1) student member.
(6) Each institution shall establish an operational policy on the determination of residency status which shall be filed with the Council on Higher Education and which shall include but not be limited to the following:
(a) Procedures describing the steps in the initial determination of residency status;
(b) Designated responsibilities of institutional officials;
(c) Responsibilities of persons requesting admission to the institution or who request a change in residency status;
(d) Procedures and requirements pursuant to a residency review committee review of a determination of residency status;
(e) Training of institutional officials responsible for a determination of residency status; and,
(f) The role of the residency review committee.
(7) The administrative regulation shall be published in its entirety in the institution's catalog and disseminated to all students.
(8) A student has the responsibility for registering under the proper residency classification which includes but is not limited to the following actions:
(a) Raising questions in a timely manner concerning residency classification;
(b) Making application for change of residency classification in a timely manner with the designated office or person at the institution; and,
(c) Notifying the designated office or person at the institution immediately upon a change in residency.
(9) If a student fails to notify institutional officials of a change in residency, institutional officials may investigate and evaluate the current residency status of the student regardless of the source of the information.
(10) A student classified as a nonresident shall retain that status until the student is officially reclassified by the proper administrative officials.
Section 5. Procedures for a Determination of Residency Status.
(1) Application for a review of a determination of residency status shall
be made to the administrative office or person designated by the institution
for this purpose pursuant to Section 4 of this administrative regulation.
(2) The application, with supporting documentation, shall be made by the student not more than thirty (30) calendar days after the first day of classes of the academic term for which a determination of residency status is sought.
(3) A student may apply for a review of a determination of residency status set out in Section 4 of this administrative regulation only once for each academic term.
(4) When the Council on Higher Education has information that an institution's determination of residency status may be incorrect, it may require the institution to review the determination of residency status and report the results of that review.
(5) An application shall consist of:
(a) An affidavit authorized by the Council on Higher Education and submitted by the student or the parent of a dependent student asserting the claim for a change in an initial determination of residency status or a change in the determination of residency status and asserting that the documentation and information are accurate and true; and
(b) Information and documentation required by an institution and consistent with this administrative regulation which is necessary to substantiate a request for a change in a determination of residency status.
(6) A student shall be responsible for ensuring that all necessary documentation as required by the institution is submitted with the affidavit. Incomplete applications may be returned to the student for completion at the discretion of appropriate institutional officials. The time limit set forth in subsection (2) of this section shall apply to the date an application is received in the office designated to administer this administrative regulation.
(7) (a) Applications shall be first reviewed by the office or person designated by the institution pursuant to Section 4 of this administrative regulation.
(b) Upon a written request by a student appealing the decision of the designated office or person, the residency review committee shall review, evaluate, and act upon that appeal.
(c) The student shall be notified in writing, by registered or certified mail of the decision of the administrative officer designated by the institution or the residency review committee as appropriate within forty-five (45) working days after receipt of a person's application for a change.
(8) The residency review committee's written decision on residency shall include but not be limited to the following information:
(a) Findings of fact;
(b) Determination of whether the applicant is deemed to be a "dependent person" or "independent person"; and,
(c) Whether the applicant is a resident or nonresident, and the reasons consistent with institutional policy and this administrative regulation.
(9) An application resulting in a change in a determination of residency from nonresident to resident shall not be made retroactive beyond the academic term in which the request for a change in a determination of residency status is made.
(10) If a request for a change in a determination of residency status is denied by the institution, the student shall have the right to appeal such decision to the Council on Higher Education in accordance with Sections 6, 7, and 8 of this administrative regulation.
Section 6. Procedure for Appeal to the Council On Higher Education.
(1) The Executive Director of the Council on Higher Education shall designate
a person on the staff of the Council on Higher Education to serve as an appeals
officer.
(2) The appeals officer shall review institutional determinations of residency status to determine if the residency review committee's written decision is supported by clear and convincing evidence and is in conformity with this administrative regulation.
(3) Upon receipt of notice from the residency review committee of the decision by certified or registered mail, the student has fourteen (14) calendar days in which to appeal that decision to the Council on Higher Education by giving notice in writing to the office or person designated by the institution to administer this administrative regulation.
(4) An appeal shall be filed in a timely manner if it is received in the office designated by the institution in Section 4 of this administrative regulation within the time established in Section 6 of this administrative regulation.
(5) Appeals filed more than fourteen (14) calendar days after receipt of the decision of the residency review committee shall be dismissed and the decision of the residency review committee shall be final.
(6) The office or person designated by the institution pursuant to Section 4(2) of this administrative regulation shall be responsible for forwarding to the Council on Higher Education a complete copy of the student's file within fourteen (14) calendar days of the receipt of a notice of appeal. The student may review the content of the file before it is forwarded to the Council on Higher Education.
(7) (a) The appeals officer shall consider the written record alone.
(b) New information provided by the student that was not available at the time of the determination of residency status by the institution shall result in a decision by the appeals officer to remand the case back to the residency review committee for further action.
(c) A remand by the appeals officer because of information not available at the time of the determination of residency status shall require the residency review committee to reconsider the determination of residency status in light of the new information.
(d) The residency review committee shall consider the new information or evidence and shall forward a written recommendation to the appeals officer within twenty-one (21) calendar days after receipt of the notice of remand.
(e) A copy of the residency review committee recommendation shall be provided to the student.
(f) A remand is considered to be part of the appeal to the council and does not constitute a final determination by the appeals officer.
Section 7. Determination of the Council on Higher Education Appeals
Officer.
(1) The appeals officer shall review the written record including the residency
review committee's written decision and shall make a determination to affirm,
modify, or reverse the residency review committeeÕs decision.
(2) The appeals officer may order the appeal remanded to the residency review committee for further proceedings before the appeals officer renders a recommendation based on a finding that the residency review committee:
(a) Failed to consider all information and evidence submitted; or,
(b) Failed to follow institutional policies and procedures.
(3) The determination of the appeals officer shall be in writing and shall state the reason for the decision.
(4) Within twenty-one (21) calendar days after receipt of the student's file, the recommendation of the appeals officer shall be forwarded to the student by certified or registered mail with a copy to the office or person designated by the institution to administer this administrative regulation but a remand shall halt the twenty-one (21) day requirement.
(5) The student shall have ten (10) calendar days after receipt of the appeals officer's recommendation to file a written appeal by registered or certified mail with the Council on Higher Education requesting a formal adjudicatory hearing.
Section 8. Hearing on Exceptions Filed by Student.
(1) An administrative hearing on a request for a change in a determination
shall be held in accordance with the provisions of KRS Chapter 13B and as
set forth in the administrative regulation on administrative hearings.
(2) The administrative regulation shall set forth the procedures for the conduct of the appeal including deadlines and timetables.
(3) The recommendation of the hearing officer shall be received by the Executive Director of the Council on Higher Education who shall issue a final decision on the appeal:
(a) The decision of the executive director shall be in writing and shall set forth the basis on which the decision is based.
(b) The decision of the executive director shall be provided to the student within fourteen (14) days after receipt of the hearing officer's decision.
(c) The executive director shall notify the institution of the final decision at the time the student is notified.
(4) Upon receipt of the notification of the final decision of the executive director, the student shall have the right to appeal the decision to the appropriate court.
Section 9. Charges for Conduct of Administrative Hearings.
The Council on Higher Education, upon receipt of a bill for the conduct of
an administrative hearing on an appeal of a determination of residency status,
shall assign one-half (1/2) of the cost of the administrative hearing to
the institution from which the appeal is taken. The institution shall provide
payment to the Council on Higher Education or to the office or administrative
entity so designated by the council within thirty (30) days of receipt of
the notice of payment.
Section 10. New Administrative Regulation Supersedes Previous Administrative
Regulation.
This administrative regulation supersedes all previous policies and
administrative regulations of the council relating to a determination of
residency status of students for tuition assessment purposes. (17 Ky.R. 2557;
eff. 4-5-91; Am. 22 Ky.R. 1656; 1988; eff. 5-16-96.)
Revised Effective May 16, 1996
For further information about residency, go to the Registrar's Office
Residency page or
contact:
