RESIDENCY FOR FEE PURPOSES AT
A KANSAS REGENT INSTITUTION

Article 2—PROCEDURES FOR DETERMINING RESIDENCE FOR FEE PURPOSES

K.A.R. 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 may, at any time, 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 such a determination shall, for all purposes of these regulations, be deemed to be the residency determination pursuant to articles 2 and 3 shall be deemed to be the residency determination of that registrar.

K.A.R. 88-2-2. Appeals. (a) A student who is classified as a non-resident 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 and who subsequently is reclassified a non-resident 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.

K.A.R. 88-2-3. Residence Committee. (a) 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 non-residents 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.

K.A.R. 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 non-resident fees paid by the student for such 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.

K.S.A. 76-729. Residence of students for fee purposes; basic rule; exceptions by rules and regulations of State Board of Regents. Persons enrolling in state educational institutions under the Kansas Board of Regents who, if adults, have been, or if minors, whose parents have been residents of the State of Kansas for twelve (12) months prior to enrollment for any term or session in 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 12 months of departure. All other persons are nonresidents of the state of Kansas for fee purposes.

Notwithstanding the foregoing provision of this section, the Kansas Board of Regents may adopt rules and regulations authorizing the following to pay an amount equal to resident fees: (1) Employees of the state educational institution and their dependents, (2) Persons in the military and their dependents, (3) Persons who establish domiciliary residence in Kansas within 30 days of honorable discharge or retirement from the military and who served in Kansas not less than two years, (4) Other classes of persons having special domestic relation circumstances, and (5) Persons who have lost their resident status within six months of their enrollment.

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

K.A.R. 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 you notification of classification as a non-resident for fee purposes. When an appeal is made by a student from a determination that the student is a non-resident, the 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. 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 non-resident for fee purposes, the student shall be required to pay the non-resident fee for all terms during which the student was incorrectly registered."

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, will be given probative value in support of a claim for resident status include the following: (1) continuous presence in Kansas during periods when not enrolled as a student; (2) employment in Kansas; (3) payment of Kansas state income taxes; (4) reliance on Kansas sources for financial support; (5) commitments to an education program which 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 post-secondary 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.

K.A.R. 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.

K.A.R. 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.

K.A.R. 88-3-5. Revoked.

K.A.R. 88-3-6. Equal Treatment of Men and Women. In the application of K.S.A. 76-729 and these regulations, men and women shall be treated the same.

K.A.R. 88-3-7. Residence of Married Persons. The residence of married persons shall be determined separately for each spouse.

K.A.R. 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) Persons who have graduated from a Kansas high school within six months of enrollment and who were dependents of a person in military service within the state; if the retiring military person does not establish domiciliary residence in the state upon retirement, eligibility of the dependent to pay an amount equal to resident fees shall lapse. (D) This regulation shall not be construed to prevent a service person from acquiring or retaining a bona fide residence in Kansas.

K.A.R. 88-3-9. Institutional Personnel. Any employee of institutions 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. 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. The provisions of this regulation shall not apply to seasonal, temporary, or hourly employees.

K.A.R. 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 Regent. (D) Any person seeking the resident fee privilege pursuant to the provisions of these rules shall be responsible for providing such information as necessary to verify graduation from a Kansas high school and resident status at or 12 months prior to graduation from high school.

K.A.R. 88-3-11. Recruited or Transferred Employees. (A) The resident fee privilege shall be granted to any person who has been a domiciliary resident of the State of Kansas for less 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 the 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 and the number of hours the individual is expected to work; 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) Any 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.

K.A.R. 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 rule 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 these 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.

K.A.R. 88-3-13. Persons with special domestic relations circumstances. (a) The resident fee privilege shall be granted to any dependent student who 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.

If you believe you meet the above criteria and wish to make an application for "residence for fee purposes," proceed to the application.

Comments regarding this page are welcome: jmaxwell@fhsu.edu.