Tennessee Board of Regents' Regulations
for Classifying Students' In-State/Out-of-State
For the Purpose of Paying College or University Fees and Tuition and for Admissions Purposes
I. Intent
It is the intent that the public institutions of higher education in the
State of Tennessee shall apply uniform rules, as described in these
regulations and not otherwise, in determining whether students
shall be classified "in-state" or "out-of-state" for fees and
tuition purposes and for admission purposes.
II. Definitions - Wherever used in these regulations:
1.
"Public Higher Educational Institution" shall mean a
university or community college supported by appropriations
made by the legislature of this state.
2.
"Residence" shall mean continuous physical presence and
maintenance of a dwelling place within this state, provided
that absence from the state for short periods of time shall not
affect the establishment of a residence.
3.
"Domicile" shall mean a person's true, fixed, and permanent
home and place of habitation; it is the place where he or she
intends to remain, and to which he or she expects to return
when he or she leaves without intending to establish a new
domicile elsewhere.
4.
"Emancipated person" shall mean a person who has attained
the age of eighteen years, and whose parents have entirely
surrendered the right to the care, custody, and earnings of
such person and who no longer are under any legal obligation
to support or maintain such deemed "emancipated person".
5.
"Parent" shall mean a person's father or mother. If there is a
non parental guardian or legal custodian of an un-emancipated
person, then "parent" shall mean such guardian or legal
custodian; provided, that there are not circumstances
indicating that such guardianship or custodianship was
created primarily for the purpose of conferring the status of an
in-state student in such un-emancipated person.
6.
"Continuous enrollment" shall mean enrollment at a public
higher education institution or institution of this state as a full-
time student, as such term is defined by the governing body of
said public higher educational institution or institutions, for a
normal academic year or years or the appropriate portion or
portions thereof since the beginning of
the period fir which
continuous enrollment is claimed. Such person need not
enroll in summer sessions or other such inter-sessions beyond
the normal academic year in order that his or her enrollment be
deemed continuous, notwithstanding lapses in enrollment
occasioned solely by the scheduling of the commencement
and or/termination of the academic years, or appropriate
portion thereof, of the public higher educational institutions in
which such person enrolls.
III. Rules for Determination of Status
1.
Every person having his or her domicile in the State shall be
classified "in-state" for fee and tuition purposes and for
admission purposes.
2.
Every person not having his or her domicile in this state shall
be classified "out-or-state" for said purposes.
3.
The domicile of an unemancipated person is that of his or her
parent. Unemancipated students of divorced parents shall be
classified "in-state when one parent, regardless of custodial
status, is domiciled in Tennessee.
4.
The spouse of a student classified as "in-state" shall also be
classified "in-state."
IV. OUT-OF-STATE STUDENTS WHO ARE NOT
REQUIRED TO PAY OUT-
OF-STATE TUITION
1.
An un-emancipated, currently enrolled student shall be
reclassified out-of-state should his or her parent, having
theretofore been domiciled in the State, remove from the
State. However, such student shall not be required to pay out-
of-state tuition nor be treated as an out-of-state student for
admission purposes so long as his or her enrollment at a
public higher educational institution or institutions shall be
continuous.
2. An un-emancipated person whose parent is not domiciled in
this State but is a member of the armed forces and stationed in
this State or at Fort Campbell pursuant to military orders shall
be classified out-of-state but shall not be required to pay out-
of-state tuition. Such a person, while in continuous attendance
toward the degree for which he or she is currently enrolled,
shall not be required to pay out-of-state tuition if his or her
parent thereafter is transferred on military orders.
3. A person whose domicile is in a county of another
state lying
immediately adjacent to Montgomery County, or whose place
of residence is within thirty (30) miles of Austin Peay State
University shall be classified out-of-state but shall not be
required to pay out-of-state tuition at Austin Peay State
University.
4. A person whose domicile is in Mississippi County, Arkansas,
or either Dunlin County or Pemiscot County, Missouri and
who is admitted to Dyersburg State Community College shall
not be required to pay out-of-state tuition.
5. A person, who is not domiciled in Tennessee, but has a bona
fide place of residence in a county which is adjacent to the
Tennessee state line and which is also within a 30 mile radius
(as determined by THEC) of a city containing a two year TBR
institution, shall be classified out-of-state, but admitted without
tuition. The two year institution may admit only up to three
percent (3%) of the full-time equivalent attendance of the
institution without tuition. (THEC may adjust the number of the
non-residents admitted pursuant to this section ever
y three (3)
years.) (See T.C.A. 49-8-102)
6. Part-time students who are not domiciled in this State but
who are employed full-time in the State, or who are stationed
at Fort Campbell pursuant to military orders, shall be
classified out-of-state but shall not be required to pay out-of-
state tuition. This shall apply to part-time students who
are employed in the State by more than one employer,
resulting in the equivalent of full-time employment.
7.
Military personnel and their spouses stationed in the State of
Tennessee who would be classified out-of-state in accordance