3333-1-10 Ohio Student Residency for State Subsidy and Tuition Surcharge Purposes

(A)   Intent and Authority

(1)    It is the intent of the chancellor of the Ohio board of regents in promulgating this rule to exclude from treatment as residents, as that        
         term is applied here, those persons who are present in the state of Ohio primarily for the purpose of receiving the benefit of a    
         state-supported education.

(2)    This rule is adopted pursuant to Chapter 119. of the Revised Code, and under the authority conferred upon the chancellor of 
         the Ohio board of regents by section 3333.31 of the Revised Code.  

 

(B)   Definitions

For purposes of this rule:

(1)    "Resident" shall mean any person who maintains a twelve-month place or places of residence in Ohio, who is qualified as a resident 
          to vote in Ohio and receive state public assistance, and who may be subjected to tax liability under section 5747.02 of the 
          Revised Code, provided such person has not, within the time prescribed by this rule, declared himself or herself to be or 
          allowed himself or herself to remain a resident of any other state or nation for any of these or other purposes.

(2)    "Financial support" as used in this rule, shall not include grants, scholarships and awards from persons or entities which are not 
          related to the recipient.

(3)    An "institution of higher education" shall have the same meaning as "state institution of higher education" as that term is 
        defined in section 3345.011 of the Revised Code, and shall also include private medical and dental colleges which 
        receive direct subsidy from the state of Ohio.

(4)    "Domicile" as used in this rule is a person's permanent place of abode, so long as the person has the legal ability under 
          federal and state law to reside permanently at that abode. For the purpose of this rule , only one domicile may be maintained 
          at a given time.

(5)    "Dependent" shall mean a student who was claimed by at least one parent or guardian as a dependent on that person's 
         internal revenue service tax filing for the previous tax year.

(6)     "Residency Officer" means the person or persons at an institution of higher education that has the responsibility 
         for determining residency of students under this rule.

(7)    "Community Service Position" shall mean a position volunteering or working for:

(a) VISTA, Americorps, city year, the peace corps, or any similar program as determined by the chancellor of the Ohio
      board of regents; or

(b) An elected or appointed public official for a period of time not exceeding twenty-four consecutive months.

 

(C)   Residency For Subsidy And Tuition Surcharge Purposes

        The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:

(1)     A student whose spouse, or a dependent student, at least one of whose parents or legal guardian, has been a resident of the
         state of Ohio for all other legal purposes for twelve consecutive months or more immediately preceding the enrollment of such
         student in an institution of higher education.

(2)     A person who has been a resident of Ohio for the purpose of this rule for at least twelve consecutive months immediately 
          preceding his or her enrollment in an institution of higher education and who is not receiving, and has not directly or indirectly 
          received in the preceding twelve consecutive months, financial support from persons or entities who are not residents of 
          Ohio for all other legal purposes.

(3)     A dependent student of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, 
         has accepted full-time, self-sustaining employment and established domicile in the state of Ohio for reasons other than 
         gaining the benefit of favorable tuition rates.

Documentation of full-time employment and domicile shall include both of the following documents:

(a)     A sworn statement from the employer or the employer's representative on the letterhead of the employer or the 
         employer's representative certifying that the parent, legal guardian or spouse of the student is employed full-time in Ohio.

(b)     A copy of the lease under which the parent, legal guardian or spouse is the lessee and occupant of rented residential
         property in the state; a copy of the closing statement on residential real property located in Ohio of which the 
         parent, legal guardian or spouse is the owner and occupant; or if the parent, legal guardian or spouse is not the lessee
         or owner of the residence in which he or she has established domicile, a letter from the owner of the residence 
         certifying that the parent, legal guardian or spouse resides at that residence.

(4)    A veteran, and the veteran's spouse and any dependent of the veteran, whomeets both of the following conditions:

(a)    The veteran either (i) served one or more years on active military duty andwas honorably discharged or received 
         a medical discharge that wasrelated to the military service or (ii) was killed while serving on activemilitary duty
         or has been declared to be missing in action or a prisonerof war.

(b)    If the veteran seeks residency status for tuition surcharge purposes, theveteran has established domicile in this state
         as of the first day of termof enrollment in an institution of higher education. If the spouse or adependent of the veteran
         seeks residency status for tuition surchargepurposes, the veteran and the spouse or dependent seeking residencystatus
         have established domicile in this state as of the first day of a termof enrollment in an institution of higher education, 
         except that if theveteran was killed while serving on active military duty or has beendeclared to be missing in action 
         or a prisoner of war, only the spouse ordependent seeking residency status shall be required to have established 
         domicile in accordance with this division.

         Domicile as used in division (C)(4)(b) of this rule shall have the samemeaning as used in division (C)(3)(b) of this rule.

 

(D)   Additional Criteria Which May Be Considered By Residency Officers In Determining Residency May Include 
         But Are Not Limited To The Following:

(1) Criteria evidencing residency:

(a)    If a person is subject to tax liability under section 5747.02 of the Revised Code;

(b)    If a person qualifies to vote in Ohio;

(c)    If a person is eligible to receive Ohio public assistance;

(d)    If a person has an Ohio's driver's license and/or motor vehicle registration.

(2) Criteria evidencing lack of residency:

(a)    If a person is a resident of or intends to be a resident of another state or nation for the purpose of tax liability, 
        voting, receipt of public assistance, or student loan benefits (if the student qualified for that loan program by 
        being a resident of that state or nation);

(b)    If a person is a resident or intends to be a resident of another state or nation for any purpose other than tax
         liability, voting, or receipt of public assistance (see paragraph (D)(2)(a) of this rule).

(3)    For the purpose of determining residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities,
         an individual's immigration status will not preclude an individual from obtaining resident status if that individual has the 
         current legal status to remain permanently in the United States.

(E) Exceptions To The General Rule Of Residency For Subsidy And Tuition Surcharge Purposes:

(1)     A person who is living and is gainfully employed on a full-time or part-time and self-sustaining basis in Ohio and
         who is pursuing a part-time program of instruction at an institution of higher education shall be considered a resident
         of Ohio for these purposes.

(2)      A person who enters and currently remains upon active duty status in the United States military service while a resident
          of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes 
          as long as Ohio remains the state of such person's domicile.

(3)     A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her 
         dependents shall be considered residents of Ohio for these purposes.

(4)     A person who is transferred by his employer beyond the territorial limits of the fifty states of the United States and
         the District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered
         residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile as long as such person has
         fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.

(5)     A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered 
          a resident for these purposes provided such person has worked in Ohio at least four months during each of the three years
          preceding the proposed enrollment.

(6)    A person who was considered a resident under this rule at the time the person started a community service position as
        defined under this rule, and his or her spouse and dependents, shall be considered as residents of Ohio while in
        service and upon completion of service in the community service position.

(7)    A person who returns to the state of Ohio due to marital hardship, takes or has taken legal steps to end a marriage,
        and reestablishes financial dependence upon a parent or legal guardian (receives greater than 50% of his or her 
        support from the parent or legal guardian), and his or her dependents shall be considered residents of Ohio.

(8)    A person who is a member of the Ohio National Guard and who is domiciled in Ohio, and his or her spouse and 
        dependents, shall be considered residents of Ohio while the person is in Ohio National Guard service.

(F)   Procedures

(1)    A dependent person classified as a resident of Ohio for these purposes under the provisions of paragraph (C)(1)
        of this rule and who is enrolled in an institution of higher education when his or her parents or legal guardian 
        removes their residency from the state of Ohio shall continue to be considered a resident during continuous full-time 
        enrollment and until his or her completion of any one academic degree program.

(2)    In considering residency, removal of the student or the student's parents or legal guardian from Ohio shall not, during 
        a period of twelve months following such removal, constitute relinquishment of Ohio residency status otherwise
        established under paragraph (C)(1) or (C)(2) of this rule.

(3)    For students who qualify for residency status under paragraph (C)(3) of this rule, residency status is lost immediately
        if the employed person upon whom resident student status was based accepts employment and establishes domicile
        outside Ohio less than twelve months after accepting employment and establishing domicile in Ohio.

(4)    Any person once classified as a nonresident, upon the completion of twelve consecutive months of residency,
        must apply to the institution he or she attends for reclassification as a resident of Ohio for these purposes if such 
        person in fact wants to be reclassified as a resident. Should such person present clear and convincing proof that 
        no part of his or her financial support is or in the preceding twelve consecutive months has been provided 
       directly or indirectly by persons or entities who are not residents of Ohio for all other legal purposes, such person 
       shall be reclassified as a resident. 
  
       Evidentiary determinations under this rule shall be made by the institution which may require, among other things,
       the submission of documentation regarding the sources of a student's actual financial support.

(5)    Any reclassification of a person who was once classified as a nonresident for these purposes shall have prospective
        application only from the date of such reclassification.

(6)    Any institution of higher education charged with reporting student enrollment to the chancellor of the Ohio board of 
         regents for state subsidy purposes and assessing the tuition surcharge shall provide individual students with a 
         fair and adequate opportunity to present proof of his or her Ohio residency for purposes of this rule. Such an institution 
         may require the submission of affidavits and other documentary evidence which it may deem necessary to a 
         full and complete determination under this rule.

Students who wish to appeal or change their reclassification as a nonresident must complete and file a Request for Resident
Classification for Tuition Purposes.  Because requests for Ohio residency must be approved prior to the first day of classes
of the academic term reclassification is desired, this form and all required documentation must be submitted by the following
deadline dates. Retroactive residency determinations cannot be made for tuition surcharge purposes.

 

           July 15: Fall Semester                            December 15: Spring Semester                            May 1: Summer Semester

 

Students classified as nonresident students at the time of their admission to Kent State University and qualify as residents
may appeal the classification to the Director of Admissions or appropriate admitting officer.  Matriculated students
classified as nonresident students and who qualify as residents may appeal the classification to the Office of the
University Registrar. Regional Campus students should contact their Regional Campus.

 

Any student denied classification or reclassification may appeal the denial to the Residency Appeals Committee by
submitting a written request to the office that reviewed their Request for Resident Classification for Tuition Purposes
within fourteen calendar days of their denial notification.

 

 

Rev. 4/27/09
7/20/09