Summary Overview of Resident Classification for Tuition Purposes
SUMMARY OVERVIEW OF RESIDENT CLASSIFICATION FOR TUITION PURPOSES
KANSAS STATE UNIVERSITY
The information below is a summary overview of some statutes and regulations pertaining to resident tuition classification. See, for example, K.S.A 76-729 through 76-731 and K.A.R. 88-3-1 through 88-3-13. Statutes are located on the Kansas Legislature’s website at
and the Residency Rules and Regulations are located on the Kansas Board of Regents’ website at This summary overview is provided for informational purposes only and does not supersede the applicable statutes and regulations that detail the residency requirements. Please refer to the statutes and regulations for requirements and other specifics related to resident fee status and any revisions/updates to the law(s) prior to submitting a residency application.
Student Responsibility
A student is responsible for enrolling under the proper residency classification for fee purposes. If there are questions concerning resident classification, the student should contact the Office of Undergraduate Admissions/Office of the Registrar/Graduate School, as applicable.
Responsibility for Payment of Applicable Tuition
If a student is classified as a non-resident for tuition purposes, the student shall pay the non-resident tuition by the due date on the billing statement. If the student is later determined to be a resident for tuition purposes, the difference between resident and non-resident tuition for the current term will be refunded. If a student is incorrectly classified as a resident for tuition purposes, and it is determined that the student is a non-resident for tuition purposes, the student shall pay the non-resident tuition for all terms during which the student was incorrectly classified.
Definition of Residence for Tuition Purposes and Relevant Factors
Residence is defined at K.A.R. 88-3-2 as a person’s place of habitation, to which, whenever the person is absent, and the person has the intention of returning. A person shall not be considered a resident for tuition purposes 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.
Factors that may support resident for tuition purposes status, but are not necessarily conclusive are found at K.A.R. 88-3-2. They include, for example,continuous presence in Kansas, except for brief temporary absences, during periods when not enrolled as a student, employment in Kansas, ownership of a home in Kansas, reliance on Kansas sources for financial support, payment of Kansas state resident income taxes, among others. No factor is considered to be in support of resident status unless it has existed for one year before enrollment or re-enrollment.
Factors that, standing alone, ordinarily do not constitute sufficient evidence of a change to Kansas resident for tuition purposes status are found at K.A.R. 88-3-2 and include, for example, registering to vote in Kansas, employment in a position normally filled by a student, leasing living quarters in Kansas, residence in Kansas of a student’s spouse, payment of Kansas personal property taxes, continuous enrollment in a postsecondary educational institution in Kansas, among others.
If a student is continuously enrolled, it is presumed that the student is in Kansas for educational purposes and the burden will be on the student to prove otherwise.
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. 88-3-2 Likewise, failure to establish residency in another state or country does not mean the person is a resident of Kansas.
A person who is a bona fide Kansas resident for tuition purposes and leaves the state to become a resident of another state or country, will retain their status as a resident for tuition purposes if they return and establish residence in Kansas within five years. K.S.A. 76-729(a)(1).
Residency of Persons Under 18 Years of Age/Spouses/Special Domestic Relations
Generally, the residence of a student who is a dependent child is determined by the residence of the student’s custodial parent(s) or of the parent providing the preponderance of the student’s support. K.A.R. 88-3-4. The resident fee privilege shall be granted to any dependent student whose parents are divorced, as long as one parent is a Kansas resident. K.A.R. 88-3-7.
Residency of Active Duty Military and Veterans
Current U.S. Armed Forces personnel (army, navy, marine corps, air force, coast guard, Kansas army or air national guard or any branch of the military reserves of the United States), veterans eligible for educational benefits under federal law, and the spouses/dependent children of such veterans or armed forces personnel shall be deemed residents of the state for fee purposes.(K.A.R. 88-3-8) Verifying documentation is required.
Resident Fee Privileges and Out of State Tuition Waivers
Certain persons who would not otherwise be considered residents for tuition purposes may still qualify for resident tuition privileges or non-resident tuition waivers. These persons include some Kansas high school graduates and institutional personnel, among others. See K.A.R. 88-3-8 through 88-3-12. Certain forms must be obtained by requesting them from the Office of the Registrar, then completed and returned along with any applicable documentation required for the person or in some cases the spouse or dependent, in order for the University to determine whether he/she qualifies. These include:
- Kansas High School Graduates(K.A.R. 88-3-10)
Documentation Required:An official copy of the final high school transcript, and a completed Verification for Kansas Resident Tuition for Kansas High School Graduates form.
- Institutional Personnel(K.A.R. 88-3-9)
Documentation Required: Complete and submit the Verification for Kansas Resident Tuition for University Employee form, or submit appointment documents from another Kansas Regents university to Enrollment Services, 118 Anderson Hall. Verification of employment status will be required each semester the student is enrolled.
- Recruited or Transferred Employees(K.A.R. 88-3-11)
Documentation Required: Complete and submit the Verification for Kansas Resident Tuition for Recruited or Transferred Employees form.
- Certain persons without lawful immigration status(K.S.A. 76-731(a))
Documentation Required: Affidavit for Kansas Resident Tuition form, and official copy of the final high school transcript.
Documentation
In addition to specific documentation listed above, additional documents may be requested from any student seeking resident status for fee purposes or otherwise seeking a fee privilege or waiver. For example, a student may be required to provide documentation showing dependent status, parent/child relationship, and spousal status among other documentation.
Board of Regents FAQs
The Kansas Board of Regents has answers on its webpage to frequently asked questions regarding resident tuition status at
Appeals
If a student is classified as a non-resident for tuition purposes, or if he/she is classified as a resident but is later reclassified as a non-resident, and he/she disagrees with that classification, he/she may appeal to the Out-of-State Fee Appeals Committee. The person may initiate this appeal by submitting a written appeal with the Office of the Registrar within 30 days of notification of classification. The decisions of the Out-of-State Fee Appeals Committee are final decisions and shall not be subject to further administrative review by any officer or committee of Kansas State University or by the Kansas Board of Regents.
Additional Information/Questions/Contacts
For further information, please contact:
- Graduate Students: Graduate School, 103 Fairchild Hall, Manhattan KS 66506 (785) 532-6191/(800) 651-1816
- New and Readmitted Undergraduate Applicants: Office of Admissions, 119 Anderson Hall, Manhattan KS 66506 (785) 532-6250/(800) 432-8270
- Continuing Undergraduate Students: Office of the Registrar, 118 Anderson Hall, Manhattan KS 66506 (785) 532-6254; For Continuing Undergraduate Students only: Applications are accepted 45 calendar days prior to and 30 calendar days after the start of the term.
Dates for submitting your application are as follows:
•Spring 2015 term: December 5, 2014 – February 19, 2015
•Summer 2015 term: April 10, 2015 – June 24, 2015
•Fall 2015 term: July 10, 2015 – September 23, 2015