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Appendix D - RESIDENCY RULES AND REGULATIONS

Article 3--GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES

88-3-1. Student Information. Whenever a question arises concerning a person's residence classification for fee purposes, that person shall be provided with a copy of information substantially as set forth in this regulation, together with K.A.R. 88-3-2 through 88-3-13.

"Carefully read the information, statute, and regulations that follow. Then, if you believe you should be eligible for resident classification for fee purposes, complete the attached application for residence classification and submit it to the registrar within 30 days of your notification of classification as a nonresident for fee purposes. When an appeal is made by a student from a determination that the student is a nonresident, the student must pay nonresident fees at the time designated for payment of fees. If the student is found to be a resident, the difference between resident and nonresident fees will be refunded. Subject to the provisions of K.S.A. 77-601, et seq. decisions of the residence committee shall not be subject to further administrative review by any officer or committee of the university, or by the state board of regents."

Responsibility

"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 state board of regents, it is the duty of the student when registering and paying fees to raise the question with the registrar. If a student enrolls incorrectly as a resident of Kansas and it is determined at a later date the student was a nonresident for fee purposes, the student shall be required to pay the nonresident fee for all terms during which the student was incorrectly registered." (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1986; amended Nov. 18, 1991; amended July 24, 1998.)

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. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1986; amended Nov. 18, 1991; amended July 24, 1998.)

88-3-3. Definition of "12 months." The phrase "12 months prior to enrollment for any term or session," 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. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76 -50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended Nov. 18, 1991.)

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. (Authorized by K.S.A. 76-730; implementing K.S.A.

76-729, 76-730; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76- 50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1986.)

88-3-5. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended Nov. 18, 1991; revoked July 24, 1998.)

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. (Authorized by K.S.A. 1976 Supp. 76-729, 76-730; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977.)

88-3-7. Residence of married persons. The residence of married persons shall be determined separately for each spouse. (Authorized by K.S.A. 1976 Supp. 76-729, 76-730; effective, E-76-50, Oct. 10, 1975; effective, E-77-5, March 19, 1976; effective Feb. 15, 1977.)

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 a service person otherwise meeting the requirements of subsection (a) 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. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729, 76-730; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1986; amended Nov. 18, 1991.)

88-3-9. Institutional personnel.
(a) Any employee of an institution governed by the state board of regents, classified and unclassified, on a regular payroll appointment for .4 time or more, shall be accorded the resident fee privilege.

(b)

(1) The dependent spouse and children of any employee of an institution governed by the state board of regents, whether the employee's position is classified or unclassified, shall be accorded the resident fee privilege, provided that the employee holds a regular payroll appointment for 1.0 time.

(2) The dependent spouse and children of any employee of an institution governed by the state board of regents, whether the employee's position is classified or unclassified, shall be accorded the resident fee privilege, provided that the employee holds a regular payroll appointment for at least .4 time but less than 1.0 time and is enrolled in a graduate program on the effective date of this regulation, until one of the following criteria is met:

(A) the expiration of the time allowed in the relevant university catalog for the employee to complete the aforesaid graduate program:

(B) a break in enrollment by the employee;

(C) the employee's being awarded the graduate degree from the aforesaid graduate program;

(D) the end of the employee's employment.

(c) The provisions of this regulation shall not apply to seasonal, temporary or hourly employees. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended Nov. 18, 1991; amended March 6, 1998.)

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 at the time of graduation from high school or within 12 months prior to graduation from high school; and

(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. (Authorized by and implementing K.S.A. 76-729, as amended by 1991 S.B. 21, Sec. 2, and K.S.A. 76-730; effective, T-88-30, August 19, 1987; effective May 1, 1988; amended Nov. 18, 1991.)

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. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective T-88-30, August 19, 1987; effective May 1, 1988; amended Nov. 18, 1991; amended July 24, 1998.)

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. (Authorized by K.S.A. 76-730, implementing K.S.A. 76-729, as amended by 1991 S.B. 21, Sec. 2; effective Nov. 14, 1988; amended Nov. 18, 1991.)

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. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective July 24, 1998.)

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