Appendix A
Student Residence Status for Tuition
and Fee Purposes
Board Policy 520.8 (January 18, 1985, revised)
The full text of the University of Arkansas Board of Trustees
policy statement 520.8, Student Residency Status for Fee Purposes, is
provided below followed by a statement on implementing the policy at
the University of Arkansas, Fayetteville.
Determination of Residence Status
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 that 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 that 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 spouse, and their unmarried children
(who have not yet attained the age of 23)1 who move to Arkansas
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.
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 or 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 or 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 that collectively show, in an objective
and clear manner, the actual domicile of the student.
NOTE: In implementing these policies, it is presumed that dependent
students who are classified as non-residents based upon parental/guardian
domicile outside of Arkansas do not acquire Arkansas residency under Board
of Trustees Policy 520.8 unless and until their parent(s)/guardian(s)
have established a domicile in Arkansas, or the student has left the parental
home and established a domicile in Arkansas evidenced by proof that he
or she has established a home of a permanent character as manifested objectively
by good faith acts, resided in Arkansas in bona fide domiciliary status
for at least six consecutive months prior to his or her reclassification
as an Arkansas resident, and demonstrates the expectation of remaining
in this state beyond graduation.
Reclassification Deadlines
Students who have established a bona fide domicile in Arkansas following
initial classification as a non-resident must request reclassification
if they want their status recognized for fee purposes. Applications and
appropriate documentation must be received by the Office of the Registrar
no later than the fifth class day (second class day of a summer
session) of the term for which in-state fee assessment is requested. Applications
received after the deadline will be considered for the next term. All
fees are to be paid by published due dates. Students who receive a favorable
decision after payment will be provided a refund of out-of-state fees
paid. Please direct questions about residence classification review procedures
to the Office of the Registrar, 146 Silas H. Hunt Hall.
Resident Status of Native Americans
Board Policy 520.1, "Waiver of Non-Resident Tuition for Native Americans."
(Revised January 29, 1989)
Native American people in other states belonging to tribes that formerly
lived in Arkansas before relocation, and whose names are on the rolls
in tribal headquarters, shall be classified as in-state students of Arkansas
for tuition and fee purposes, on all campuses of the University of Arkansas.
Tribes so identified include the Caddo, Cherokee, Chickasaw, Choctaw,
Creek, Delaware, Kickapoo, Osage, Quapaw, Shawnee, and Tunica.
Resident Status of Members of the Armed Forces and Their Dependents
Board Policy 520.7, "Fees for Members of Armed Forces and Dependents."
(Revised January 18, 1985)
Effective January 1, 1975, members of the Armed Forces who are stationed
in the State of Arkansas pursuant to military orders, and their unemancipated
dependents, shall be entitled to classification as in-state students for
fee paying purposes (per Arkansas stat. Ann. 80-3366).
Persons continuously domiciled in Arkansas for at least twelve consecutive
months who enter active military service from this state and who maintain
Arkansas as the permanent home of record while on active military duty,
and their dependents2, shall be entitled to classification as in-state
students for fee paying purposes. This provision is forfeited if the military
person does not return to Arkansas within twelve months after separation,
discharge, or retirement from active duty.
Persons serving in active military service who demonstrate a change of
bona fide domicile from another state to Arkansas at least twelve consecutive
months prior to separation, discharge, or retirement from active military
duty, and the dependents2, shall be entitled to classification
as in-state students for fee paying purposes. This provision is forfeited
if the military person does not return to Arkansas within twelve months
after separation, discharge, or retirement from active duty.
Resident Status of Students from Texarkana, Texas, and Bowie County,
Texas
(Board Policy 520.10, Adopted November 16, 1984)
In accordance with the reciprocity agreement described in H.C.R. 32,
signed by the Governor of Arkansas on February 12, 1965, Board Policy
520.10 states, "Residents of Texarkana, Texas and Bowie County, Texas,
will be classified as in-state students for University fee purposes at
the University of Arkansas."
1 For the purpose of this policy, dependents are the spouse
and unmarried children who are legal dependents as defined by the IRS.
2 For the purpose of this policy, dependents are the spouse
and unmarried children who are legal dependents of the military person
as identified by the IRS.
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