KANSAS RESIDENCY FOR TUITION PURPOSES
Qualifying for Kansas residency for tuition purposes at state universities is frequently misunderstood. Students from out-of-state can be mislead into thinking they can establish Kansas residency when, in fact, it is extremely difficult to do while they are students.
The pertinent laws and regulations are quoted in this document and are in italics type. Abbreviations used: K.S.A. stands for Kansas Statutes Annotated, and K.A.R. stands for Kansas Administrative Regulation.
WHO SETS THE POLICIES REGARDING RESIDENCY? Classification as a resident of Kansas for tuition purposes, is governed by Kansas state law and regulations, not university policy. Residency for other purposes or at Kansas community colleges, is governed by different laws and regulations. A person can be a resident for any other purpose and NOT be a resident for tuition purposes at a state university.
IF I’M NOT A RESIDENT HERE, WHERE AM I A RESIDENT? All we can do is decide whether or not a person qualifies for resident rates in Kansas. Each state has its own law and regulations pertaining to this. It is quite possible to be a person without a state, for tuition purposes.
CAREFULLY READ the information, statue, and regulations which follow. Then, if you believe you should be eligible for resident classification for fee purposes, complete the application for residence classification and submit it to the registrar within 30 days of the date that you were notified of classification as a non-resident for fee purposes. (K.A.R. 88-3-1) NOTE: Your signature on the application form must be signed in the presence of a notary public. Inquire about the location of a notary on campus. Frequently, banks and service desks in grocery stores also have notaries who will perform the service for a small fee.
The Registrars Office is located in the Registration Office on the first floor of Plumb Hall on the ESU campus. If you have further questions, please do not hesitate to contact Tammy McEvoy. Her phone number is (620) 341-5146. Her e-mail is Cstubbs1@emporia.edu.
Initial Residence classification
(a) The registrar of each institution governed by the state board of regents shall determine the residence status for fee purposes of each student who enrolls in the institution. If the registrar determines that the original residency classification of any student was incorrect, the registrar shall give written notice of reclassification to that student, together with a statement of any additional fees owed by or any refund due to that student for any terms or semesters, and the same shall be due and payable immediately.
(b) Any residency determination by an agent duly designated by a registrar to make a determination shall be deemed to be the residency determination of that registrar (K.A.R. 88-2-1)
YOUR INITIAL RESIDENCE CLASSIFICATION IS DETERMINED ON THE BASIS OF THE INFORMATION YOU PROVIDE(D) ON YOUR APPLICATION FOR ADMISSION.
"The responsibility of enrolling under proper residence classification for fee purposes is placed on the student. If there is any possible question of residence classification under the regulations of the Kansas Board of Regents, it is the duty of the student when registering and paying fees to raise the question with the registrar. (K.A.R. 88-3-1)
Payment of fees
When an appeal is made by a student from a determination that the student is non-resident, such student must pay non-resident fees at the time designated for payment of fees. If the student is found to be a resident, the difference between resident and non-resident fees will be refunded. (K.A.R. 88-3-1) If a student enrolls incorrectly as a resident of Kansas and it is determined at a later date that the student was a non-resident for fee purposes, the student will be required to pay the non-resident fee for all terms during which the student was incorrectly registered. (K.A.R. 88-3-1)
Each university under the state board of regents shall establish a committee of at least three members to act as an appellate body to hear and determine appeals concerning the status of students as residents or non-residents of Kansas for fee purposes. (K.A.R. 88-2-3 implementing K.S.A. 76-730). Subject to the provisions of K.S.A. 77-601, decisions of the Residence Committee shall not be subject to further administrative review by any officer or committee of the university or by the Kansas Board of Regents. (K.A.R. 88-3-1)
Appeal of an adverse residency determination by the Residence Committee should be made to the District Court within 30 days of receipt of the notification of such decision, pursuant to K.S.A. 77-601, et seq.
The University Committee on Residency reviews and decides written appeals only. That committee is charged with applying the residence law and regulations to individual circumstances, but is not an "exceptions" committee.
The Statutes (K.S.A.)
K.S.A. 76-729. Residence of students for fee purposes; basic rule; certain exceptions authorized.
Persons enrolling at the state education institutions under the control and supervision of the state board of regents who, if such persons are adults, have been domiciliary residents of the state of Kansas or, if such persons are minors, whose parents have been domiciliary residents of the state of Kansas for at least 12 months prior to enrollment for any term or session at a state educational institution are residents for fee purposes. A person who has been a resident of the state of Kansas for fee purposes and who leaves the state of Kansas to become a resident of another state or country shall retain status as a resident of the state of Kansas for fee purposes if the person returns to domiciliary residency in the state of Kansas within 60 months of departure. All other persons are non-residents of the state of Kansas for fee purposes.
The state board of regents may authorize the following persons, or any class or classes thereof, and their spouses and dependents to pay an amount equal to resident fees (abridged): (1) persons who are employees of a state educational institution; (2) persons who are in military service; (3) persons who were in active military service in Kansas and who were discharged or retired in Kansas; (4) persons having special domestic relations circumstances; (5) persons who graduated from an accredited high school within six months of enrollment; (6) persons who were recruited to or transferred to Kansas for a full-time job.
The details about each of these six exceptions are critical, and are found later in this document. Several of these exceptions require certification of appropriate information on a special form. These exceptions are not automatic!
K.S.A. 76-730. Rules and regulations for criteria and guidelines. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of residence of persons enrolling at the state educational institutions, so long as such criteria or guidelines are not in conflict with the provisions of this act.
K.S.A. 76-731. Certain American Indians deemed residents of state for purpose of tuition and fees. Any person who is attending or who has attended Haskell Indian Nations University and who is enrolled as an American Indian on a tribal membership roll maintained by the Bureau of Indian Affairs of the United States department of the interior shall be deemed to be a resident of this state for the purpose of tuition and fees for attendance at any state educational institution under the State Board of Regents.
Definitions (K.S.A. 76-729)
(1) "Parents" means and includes natural parents, adoptive parents, stepparents, guardians and custodians.
(2) "Guardian" has the meaning ascribed thereto by K.S.A. 59-3002, and amendments thereto.
(3) "Custodian" means a person, agency or association granted legal custody of a minor under the Kansas code for care of children.
(4) "Domiciliary resident" means a person who has present and fixed residence in Kansas where the person intends to remain for an indefinite period and to which the person intends to return following absence.
(5) "Full-time employment" means employment requiring at least 1,500 hours of work per year.
88-3-3. Definition of "one year." The phrase "one year prior to enrollment" as used in K.S.A. 76-729 means a continuous 365 day period immediately prior to the first day of classes for a specified term or session.
Kansas Administrative Regulations (K.A.R.) 88-3-2. Definition of "residence" for fee purposes.
(a) Except as otherwise provided in the rules and regulations of the state board of regents, "residence" means a person's place of habitation, to which, whenever the person is absent, the person has the intention of returning. A person shall not be considered a resident of Kansas unless that person is in continuous physical residence, except for brief temporary absences, and intends to make Kansas a permanent home, not only while in attendance at an educational institution, but indefinitely thereafter as well.
(b) The factors that, while not conclusive, shall be given probative value in support of a claim for resident status include the following:
(1) Continuous presence in Kansas, except for brief temporary absences, during periods when not enrolled as a student;
(2) employment in Kansas;
(3) payment of Kansas state resident income taxes;
(4) reliance on Kansas sources for financial support;
(5) commitment to an education program that indicates an intent to remain permanently in Kansas;
(6) acceptance of an offer of permanent employment in Kansas;
(7) admission to a licensed practicing profession in Kansas; or
(8) ownership of a home in Kansas.
No factor shall be considered in support of a claim for resident status unless the factor has existed for at least one year before enrollment or re-enrollment.
(c) The following circumstances, standing alone, ordinarily shall not constitute sufficient evidence of a change to Kansas residence:
(1) voting or registration for voting in Kansas;
(2) employment in any position normally filled by a student;
(3) lease of living quarters in Kansas;
(4) a statement of intention to acquire residence in Kansas;
(5) residence in Kansas of the student's spouse:
(6) vehicle registration in Kansas;
(7) acquisition of a Kansas driver's license;
(8) payment of Kansas personal property taxes; or
(9) continuous enrollment in a postsecondary educational institution in Kansas.
(d) If a person is continuously enrolled for a full academic program as defined by the institution where enrolled, it shall be presumed that the student is in Kansas for educational purposes and the burden shall be on the student to prove otherwise.
(e) Maintenance of ties with another state or country, including financial support, voting, payment of personal property taxes, registering a vehicle or securing a driver's license in that state or country, may be considered sufficient evidence that residence in the other state or country has been retained.
CAN I BECOME A RESIDENT WHILE GOING TO SCHOOL FULL-TIME? Usually, NO. Someone who comes to Kansas to go to school, and who goes to school full-time, has to overcome a strong negative presumption that he/she is only here temporarily for the duration of his/her educational program. Overcoming that presumption is very difficult to do while someone is a full-time student, especially if there are no immediate family members in the area.
CAN A FOREIGN STUDENT BECOME A RESIDENT? Usually, NO. Anyone who is here on a temporary visa - including student, training, and practical experience visas - must leave this country when the purpose for which they were allowed to enter the country has been met. Not having permission to stay in this country permanently, such persons, therefore, cannot demonstrate the required intention of making Kansas their permanent home.
Other Considerations (Kansas Administrative Regulations continued)
88-3-4. Residence of persons under eighteen years of age. Generally, the residence of a person who is under 18 years of age is determined by the residence of the person's custodial parent or parents or of the parent providing the preponderance of the student's support. If both parents are deceased, residence shall be determined by the residence of the person's legal guardian or custodian, or if none exists, of the person providing the preponderance of support. Any person under 18 years of age who is legally emancipated shall be considered an adult for residence purposes.
88-3-6. Equal treatment of men and women. In the application of K.S.A. 1975 Supp. 76-729 and these regulations, men and women shall be treated the same.
88-3-7. Residence of married persons. The residence of married persons shall be determined separately for each spouse.
Exceptions (Kansas Administrative Regulations continued)
88-3-8. Military personnel.
(a) Active United States military personnel and their dependent spouses and children shall be accorded the resident fee privilege while enrolled in any institution governed by the state board of regents if such personnel are assigned full-time to a duty-station in Kansas and are living in Kansas.
(b) If such a person is reassigned from Kansas to a duty-station outside the United States, the resident fee privilege shall be extended to the service person's spouse and dependent children so long as they continue to reside in Kansas and the service person remains outside the United States.
(c) This regulation shall not be construed to prevent a service person from acquiring or retaining a bona fide residence in Kansas.
88-3-9. Institutional personnel.
Employees of universities or colleges under the State Board of Regents, classified and unclassified, on regular payroll appointments for four-tenths (.4) time or more, and their dependent spouses and children shall be accorded the resident fee privilege. The provisions of this regulation shall not apply to seasonal, temporary or hourly employees.
88-3-10. Kansas high school graduates.
(a) The resident fee privilege shall be granted to any person graduating from a Kansas high school accredited by the state board of education who:
(1) Qualifies for admission and begins classes at any institution governed by the state board of regents within six months of high school graduation;
(2) was a Kansas resident for fee purposes OR a dependent of a person in military service within the state (K.S.A. 76-729) at the time of graduation from high school or within 12 months prior to graduation from high school;
(3) provides an official copy of that person's high school transcript to the university of enrollment.
(b) This resident fee privilege shall be granted even if the student is not otherwise qualified for this privilege due to the current residence of the student's parents or guardians.
(c) This privilege shall be granted as long as the student remains continuously enrolled at any institution governed by the state board of regents.
(d) Each person seeking the resident fee privilege pursuant to the provisions of these rules shall be responsible for providing such information necessary to verify graduation from a Kansas high school and resident status at or 12 months prior to graduation from high school.
88-3-11. Recruited or transferred employees.
(a) The resident fee privilege shall be granted to any person who upon enrollment has been a domiciliary resident of the state of Kansas for fewer than 12 months and whose current domiciliary residence was established to accept or retain full-time employment in the state of Kansas. The resident fee privilege shall also be granted to the spouse and dependent children of that person.
(b) Any person seeking the resident fee privilege pursuant to the provisions of this regulation shall provide a statement from the employer that supports the claim and meets these requirements:
(1) Be notarized;
(2) be signed by the personnel director of the employer and one of the following:
(A) The owner;
(B) partner; or
(C) the chief executive officer of the employer;
(3) indicate whether residence in Kansas was established as the result of a job transfer or recruitment
(4) indicate the date of initial employment in Kansas in case of a job transfer;
(5) indicate the date of hire in the case of an employment recruitment;
(6) set forth the nature of the position in Kansas as full-time; and
(7) set forth the expected length of employment in Kansas.
(c) An individual who is self-employed shall not be considered eligible for the resident fee privilege under this regulation.
(d) Military personnel shall be considered pursuant to K.A.R. 88-3-8 and not pursuant to the provisions of this regulation.
(e) Each person seeking the resident fee privilege pursuant to the provisions of this regulation shall be responsible for providing information necessary to indicate that the establishment of residence in the state of Kansas was solely as a result of accepting, upon recruitment by an employer, or retaining, upon a transfer request by an employer, full-time employment in the state of Kansas.
(f) The resident fee privilege extended by this regulation shall continue for a maximum of 12 months, but this privilege shall be extended during the pendency of the labor certification process with the United States department of labor or of a petition for adjustment of status with the immigration and naturalization service, when the recruited or transferred employee is a foreign national who has presented proof of each relevant filing.
88-3-12. Discharged or retired from active military duty in Kansas.
(a) The resident fee privilege shall be granted to each person:
(1) Who has been a domiciliary resident of Kansas for less than 12 months;
(2) who was present in the state in active military service prior to becoming a domiciliary resident of the state;
(3) who was present in the state for a period of not less than two years sometime during the person's tenure in the active military service; and
(4) whose current domiciliary residence was established within 30 days of the date of discharge or retirement from active military service under honorable conditions. The resident fee privilege shall also be granted to the spouse and dependent children of that person.
(b) Each person seeking the resident fee privilege according to this regulation shall be responsible for providing information necessary to indicate domiciliary residence in Kansas and shall provide a statement in support of the claim that shall:
(1) Be notarized;
(2) be signed by an appropriate military officer;
(3) indicate the date of discharge or retirement from active military service and whether the discharge or retirement was under honorable conditions;
(4) indicate the date of initial presence in Kansas; and
(5) indicate the dates of all active duty service in Kansas.
(c) The resident fee privilege extended by this regulation shall continue for a maximum of 12 months.
88-3-13. Persons with special domestic relations circumstances.
(a) The resident fee privilege shall be granted to any dependent student whose parents are divorced, as long as at least one parent is a Kansas resident pursuant to articles 2 and 3 of these regulations.
(b) A dependent student who is correctly classified as a resident and who maintains continuous fall and spring enrollment and domiciliary residence in Kansas shall maintain the resident fee privilege. Brief temporary absences shall not end the eligibility for the resident fee privilege, as long as domiciliary residence is maintained.