Residency Rules & Regulations

Article Index

PROCEDURES FOR DETERMINING RESIDENCE FOR FEE PURPOSES 

Regulation Description
88-2-1 Residence classification
88-2-2 Appeals
88-2-3 Residence committee
88-2-4 Decisions of residence committee


GUIDELINES FOR THE DETERMINATION OF RESIDENCY FOR FEE PURPOSES

Regulation Description
88-3-1 Student information
88-3-2 Definition of "residence" for fee purposes
88-3-3 Definition of "12 months"
88-3-4 Residence of persons under eighteen years of age
88-3-5 Revoked
88-3-6 Equal treatment of men and women
88-3-7 Residence of married persons
88-3-8 Revoked
88-3-8a Military personnel and veterans
88-3-9 Institutional personnel
88-3-10 Kansas high school graduates
88-3-11 Recruited or transferred employees
88-3-12 Revoked
88-3-13 Persons with special domestic relations circumstances

88-2-1 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 pursuant to articles 2 and 3 shall be deemed to be the residency determination of that registrar. (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 Nov. 18, 1991; amended July 24, 1998.)


88-2-2 Appeals. (a) Each student who is classified as a nonresident for fee purposes upon enrollment and who disagrees with that classification shall be entitled to an appeal if the student files a written appeal thereon with the registrar within 30 days of notification of classification. Any student who is classified as a resident for fee purposes at the time of enrollment, who subsequently is reclassified a nonresident for such purposes, and who disagrees with that reclassification, may make an appeal provided the student files a written appeal thereon with the registrar within 30 days of notification of reclassification.
     (b) Each registrar’s office shall provide on request a standard appeal form. The payment in full of fees as originally assessed shall be a condition to the right to maintain an appeal from residency classification or reclassification.
     (c) If a student fails to file an appeal in the time and manner provided in this regulation, the classification or reclassification determined by the registrar shall, upon expiration of the appeal period, become final. (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 Nov. 18, 1991.)


88-2-3 Residence committee. Each institution governed by 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 nonresidents of Kansas for fee purposes.  Members of the residence committee shall be appointed by the chancellor or president of each institution under a procedure established by the chancellor or president. The procedure shall be consistent with state law and the regulations of the state board of regents. Committee members shall serve at the pleasure of the chancellor or president.
     (b) The residence committee shall elect its own chair who shall be eligible to vote in all cases. The registrar shall meet with the university residence committee but shall not be a member of the committee. (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 Nov. 18, 1991.)


88-2-4 Decisions of residence committee. (a) 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.
     (b) If the residence committee determines that the appealing student was entitled to be classified as a Kansas resident for fee purposes, an amount equal to the difference between resident fees for the term or semester involved and the nonresident fees paid by the student for that term or semester shall be refunded to the student immediately.
     (c) The residence committee may seek advice, through the executive officer of the state board of regents, from the attorney general upon legal questions involved in any case pending before it. Opinions rendered by the attorney general to the executive officer shall be distributed among the registrars of all institutions governed by the state board of regents. (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 Nov. 18, 1991.)


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 reenrollment.
     (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  Revoked


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  Revoked


 

88-3-8a. Military personnel and veterans. (a) “Armed forces” and “veteran” shall have the meanings specified in K.S.A. 2015 Supp. 48-3601, and amendments thereto.
     (b) The resident fee privilege shall be accorded to any person who meets the following conditions:
     (1) Is enrolled at any state educational institution, as defined by K.S.A. 76-711 and amendments thereto; and
     (2) meets one of the following conditions:
     (A) Is currently serving in the armed forces or is a veteran of the armed forces who is eligible for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans;
     (B) is the spouse or dependent child of a person who qualifies for resident tuition rates and fees pursuant to paragraph (b)(2)(A) or who, if qualifying through a veteran, is eligible for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans; or
     (C) is a person who is living in Kansas at the time of enrollment and is one of the following:
     (i) A veteran who was permanently stationed in Kansas during service in the armed forces or had established residency in Kansas before service in the armed forces; or
     (ii) the spouse or dependent of a veteran who was permanently stationed in Kansas during service in the armed forces or had established residency in Kansas before service in the armed forces.
     (c) This regulation shall not be construed to prevent a person covered by this regulation from acquiring or retaining a bona fide residence in Kansas.
     (d) Each person seeking the resident fee privilege pursuant to this regulation shall be responsible for providing the appropriate office at the state educational institution at which the person seeks admission or is enrolling with the information and written documentation necessary to verify that the person meets the applicable requirements of K.S.A. 2015 Supp. 48-3601 and K.S.A. 76-729, and amendments thereto, and this regulation. This documentation shall include one of the following:
     (1) If claiming current status in the armed forces, written documentation verifying that status;
     (2) if claiming veteran status, the following:
     (A) Written documentation verifying that the veteran qualifies for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans;
     (B) written documentation verifying that the veteran lives or will live in Kansas while attending the state educational institution; and
     (C) a letter signed by the veteran attesting an intent to become a resident of Kansas;
     (3) if claiming spouse or dependent child status based upon the relationship to a current member of the armed forces, the following:
     (A) Written documentation verifying the required relationship to the current member of the armed forces; and
     (B) written documentation verifying that the member of the armed forces is currently serving;
     (4) if claiming spouse or dependent child status based upon a relationship with a veteran, the following:
     (A) Written documentation verifying the required relationship to the veteran;
     (B) written documentation verifying that the spouse or dependent child qualifies for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans;
     (C) written documentation verifying that the spouse or dependent child of the veteran lives or will live in Kansas while that person is a student attending the state educational institution; and
     (D) a written letter signed by the spouse or dependent child of the veteran, attesting that the spouse or dependent child intends to become a resident of Kansas.; or
     (5) if claiming status as a veteran who is not otherwise eligible for benefits under the federal post-9/11 veterans educational assistance act or any other federal law authorizing educational benefits for veterans, or the spouse or dependent of the veteran, written documentation verifying the following:
     (A) The veteran’s previous assignment to a permanent station in Kansas while on active duty or the establishment of Kansas residency of the veteran before the veteran’s service in the armed forces; and
     (B) the fact that the veteran, or spouse or dependent of the veteran, who is seeking residency status is living in Kansas at the time of enrollment. (Authorized by K.S.A. 76-730; implementing K.S.A. 2016 Supp. 48-3601, K.S.A. 2016 Supp. 76-729, and K.S.A. 76-730; effective July 27, 2007; amended Jan. 18, 2013; amended, T-88-8-10-15, Aug. 10, 2015; amended Dec. 18, 2015; amended May 26, 2017.)

 


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; or
     (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, Aug. 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) a 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, Aug. 19, 1987; effective May 1, 1988; amended Nov. 18, 1991; amended July 24, 1998.)


88-3-12 Revoked


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.)