Rules Determining Resident and Nonresident Student Status for Indiana University Fee Purposes

Scope

This policy addresses student residency classification for tuition, fee, and charge paying purposes. This process differs from how the state of Indiana determines whether an individual is a resident of the state.

This policy applies to all admitted and enrolled students at Indiana University.

This policy has implications for all university officials who are authorized to make student residency status determinations, including the Standing Committee on Residence at Indiana University. This policy also has implications for all staff and faculty members at IU who provide advice to students, whether formally or informally, about residency.   

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Policy Statement

1. Indiana University has the sole authority to classify students as residents or nonresidents on all campuses of Indiana University for university tuition, fee, and charge paying purposes and retains the right to interpret the definition of residency and/or resident and how it applies to students at any time.
2. The Registrar on each campus shall classify each student as resident or nonresident and may require proof of all relevant facts. The burden of proof is on the student making a claim for resident student status.
3. Students who are classified by the university as nonresidents for tuition purposes shall pay nonresident tuition in excess of tuition paid by resident students.
4. Once classified as a resident or nonresident for tuition, fee, and charge paying purposes, a student will remain in that status while continuously enrolled at Indiana University and until earning a degree. At each new admission (for subsequent degrees), an independent residency determination will be made.

Eligibility for Resident Tuition, Fees, and Charges

1. Dependent Students
   1. Dependent students who have established a residence in Indiana will be classified as residents for tuition and fee paying purposes if they meet all of the criteria listed below. The burden of proof is on the student making a claim for resident student status.
      1. The student has lawful immigrant or nonimmigrant status or lawful presence in the United States.
      2. The student resides in the state of Indiana, and the establishment of the residence was predominantly for reasons other than to become eligible for resident status.
      3. The student’s parent(s) or legal guardian(s) reside in the state of Indiana and the establishment of the residence was predominantly for reasons other than to enable the student to become eligible for resident status.
      4. The student has completed three or more consecutive years at a high school that is located in the state of Indiana.
         1. Consideration may be given to students whose parents change their residence during the student’s last year of high school on an individual basis.
      5. The student graduated from a high school that is located in the state of Indiana.
      6. The student resided in the state of Indiana for 12 consecutive months preceding the first day of classes at Indiana University.
   2. Dependent students who do not meet all of the criteria listed in Paragraph A. may be classified as residents for tuition and fee paying purposes if they meet all of the criteria listed below.  The burden of proof is on the student making a claim for resident student status.
      1. The student has lawful immigrant or nonimmigrant status or lawful presence in the United States.
      2. The student resides in the state of Indiana and the establishment of the residence was predominantly for reasons other than to become eligible for resident status.
      3. The student’s parent(s) or legal guardian(s) reside in the state of Indiana and the establishment of the residence was predominantly for reasons other than to enable the student to become eligible for resident status.
         1. In the case of divorce, this criterion is met if either parent meets the residence requirement.
            1. In the case of separation, the student’s eligibility for resident status will be determined on an individual basis after a comprehensive review of the circumstances and supporting documentation surrounding the separation.
            2. In the case of married parents living separately, the student’s eligibility for resident status will be determined on an individual basis after a comprehensive review of the circumstances and supporting documentation surrounding the establishment of the parents’ dual domiciles. 
      4. In the majority of the cases, a primary domicile will be determined by the Registrar based on the state in which the student’s parents earn their income and/or are anticipated to spend the majority of their time.
      5. In the case of legal guardianship, the student’s eligibility for resident status will be determined on an individual basis after a comprehensive review of the circumstances and supporting documentation surrounding the guardianship.
2. Independent Students
   Independent students may be classified as residents for tuition, fee, and charge paying purposes if they meet all of the criteria listed below. The burden of proof is on the student making a claim for resident student status.
   1. The student has lawful immigration status or lawful presence in the United States.
   2. The student has resided in the state of Indiana for 12 consecutive months preceding the first day of classes at Indiana University, and the establishment of the residence was predominantly for reasons other than to become eligible for resident status other than attending a college, university or other institution of higher education.
3. Students Attending Indiana University from Other States
   1. Presence in Indiana for the predominant purpose of enrolling at a college, university or other institution of higher education will result in a classification of nonresident for tuition and fee paying purposes.
   2. Students who move to the state of Indiana one or more years prior to the start of the term (a.k.a., a “gap year”) for the primary purpose of establishing residency for tuition, fee, and charge paying purposes will be classified as nonresidents for tuition, fee, and charge paying purposes.
   3. An out-of-state student who has been classified as a nonresident for tuition, fee, and charge paying purposes remains in that status while continuously enrolled at Indiana University and until earning a degree. If the student is admitted to Indiana University for a subsequent degree, an independent residency determination will be made.
4. Immigrants, Nonimmigrants, and Lawful Presence

   Pursuant to Indiana state law, only students who are lawfully present in the United States are eligible to pay resident tuition, fees, and charges. Individuals who enter the United States with F-1 or F-2 status who enter the United Stated to complete an academic program are not eligible to pay resident tuition, fees, and charges.

   With the exception of individuals with F-1 or F-2 status, Indiana state law allows a non-U.S. citizen  to be considered for resident status for tuition, fee, and charge paying purposes only if the individual is lawfully present in the United States and meets all other university residency criteria. Being a Lawful permanent resident  does not automatically entitle a student to resident tuition, fees, and charges.  Students must meet all residency criteria to be considered for residence classification.

5. Reciprocity Agreements
   IU East and IU Southeast have reciprocity agreements with, respectively, Ohio and Kentucky, which may qualify a resident of one of these states for tuition, fees, and charges that are comparable to resident tuition at those campuses. Students should contact the campus Registrar for specific information about eligibility and application requirements.    

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Reason for Policy

The Trustees of Indiana University have the authority to set and collect tuition, fees, and charges pursuant to I.C. 21-14-2-1.  Indiana University has implemented this policy so that students, parents, and/or legal guardians can understand what criteria must met in order to be considered Indiana residents for tuition and fee paying purposes and so that the university can equitably evaluate a student’s classification for tuition, fee, and charge paying purposes.

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Procedures

The following procedures govern the determination of residency for tuition, fee, and charge paying purposes at Indiana University.

1. At the time of admission, the campus Registrar makes an initial determination of residency based on information provided by the student and communicates this initial decision to the student in writing or through appropriate electronic mediums.
2. A student who is initially classified as a nonresident student may, by the end of the semester for which the resident status is requested, submit documentation to the campus Registrar that supports the establishment of the student’s primary residence, duration, predominant purpose, lawful presence, financial emancipation (if applicable), and/or parent or legal guardian status (if applicable) to demonstrate that the student should be classified as a resident student.
   1. A residency classification from another Indiana post-secondary institution does not automatically make the student eligible to pay resident rates at Indiana University.
   2. The burden of proof is on the student making a claim for resident student status.
   3. Upon consideration of the documentation submitted by the student, the campus Registrar will make a final decision and communicate the final decision of the campus to the student in writing or through appropriate electronic mediums.
3. The following factors may be considered in the determination of resident or nonresident status, but no single factor unequivocally determines the student’s status as a resident or nonresident. For example, The fact that an individual, whether a parent or the student, pays taxes or votes in the state does not in itself establish residence, but are factors that will be considered.
   1. Dependent Students
      • The student’s current immigration nonimmigrant or immigrant status or lawful presence in the United States;
      • The primary residence of a student’s parents/guardians;
      • The state in which the student’s parents/guardians are employed;
      • The state in which the student’s parents/guardians earn their income;
      • The state in which a student’s parents or guardians pay taxes;
      • The state in which the student’s parents/guardians purchase a majority of their goods and services;
      • The place of the student’s summer employment or attendance at summer school;
      • The source of the student’s income;
      • The state in which the student pays taxes;
      • The residence claimed by the student on loan applications, federal income tax returns, and other documents;
      • The facts and documents pertaining to the student’s past and current status as a student;
      • Other documents submitted by the student and/or the student’s parents/legal guardians at their personal discretion.
   2. Independent Students
      • The student’s current nonimmigrant or immigrant status or lawful presence in the United States;
      • The student’s current purpose for residing in the state of Indiana;
      • The place of the student’s summer employment or attendance at summer school;
      • The source of the student’s income;
      • The state in which a student pays taxes, including property taxes;
      • The state in which a student’s automobile is registered;
      • The state issuing the student’s driver’s license;
      • Where the student is registered to vote;
      • The marriage of the student to a resident of Indiana;
      • Ownership of property in Indiana and outside of Indiana;
      • The residence claimed by the student on loan applications, federal income tax returns, and other documents;
      • Admission to a licensed profession in Indiana;
      • Membership in civic, community, and other organizations in Indiana or elsewhere;
      • All present and intended future connections or contacts outside of Indiana;
      • The facts and documents pertaining to the student’s past and current status as a student;
      • Tax returns and other information of parents/guardians, particularly when emancipation is claimed.
      • Other documents submitted by the student at the student’s personal discretion.
4. A student who is not satisfied by the final determination of the campus Registrar may submit a written appeal to the Standing Committee on Residence within thirty (30) days of receiving the written notice of the Registrar’s final determination. 
   
   1. Reasonable requests for extensions to this thirty (30) day requirement may be approved by the campus Registrar or the Chair of the Standing Committee on Residence.
   2. The student must elect, in writing, either a hearing with the Standing Committee on Residence in person or via video conferencing.
   3. A quorum of five committee members is required to conduct the hearing.
   4. The student may be represented at the hearing by counsel.  If the student elects this option, the student must be present at the hearing, either in person or via video conferencing.
   5. The student may invite parents/legal guardians or other guests to provide testimony to support the student’s case for residence.  If the student elects this option, the student must be present at the hearing, either in person or via video conferencing.
   6. If the student's situation presents unusual circumstances and the classification is within the general philosophy of this policy the Standing Committee on Residence is authorized to classify a student as a resident even if the specific criteria are not met.
   7. Upon consideration of all the documentation and testimony provided by the student, the Standing Committee on Residence makes the university’s final decision on the student’s classification as a resident or nonresident and communicates its decision to the student in writing or through appropriate electronic mediums.
   8. If the Standing Committee on Residence determines that the campus classification as nonresident was not appropriate, the student will receive a refund for the appropriate period and amount of overpayment, if any, for the current academic year only. No refund will be made for prior academic years.
   9. The decision by the Standing Committee on Residence is final and shall be deemed the equivalent to a decision of the Trustees of Indiana University.
5. If a student fails to file an appeal in accordance with Paragraphs B. or D. above, the student’s right to appeal in the current academic term is forfeited.  A student can submit another appeal after one calendar year only if there has been a significant change in circumstances.
6. Every residency case is handled individually and individual decisions do not set precedents for other cases. If any provision of this policy or its application to a particular student or circumstance is held to be invalid, that invalidity does not affect the other provisions of this policy or its application to other students or circumstances.   

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Definitions

Burden of Proof: The student must present sufficient testimony and supporting documentation to support a determination of resident status for tuition purposes.  Satisfaction of this burden of proof is at the professional discretion of the Registrar, a member of records staff fulfilling those duties on each campus, and/or the evaluation of the Standing Committee on Residence.

Financial Emancipation: A student is considered financially emancipated if the student receives sufficient independent income to be self-supporting beyond any funds or assets, including trust or college savings funds, received from family or primarily because the individual qualifies for student status (i.e. student loans, grants, etc.). Legal documentation and/or notarized statements from parents indicating the level of financial support provided to the student and the date when the student’s parents last claimed the student as a dependent on federal income tax returns may be requested to verify financial emancipation.  The parents’ inability or refusal to provide support will not be used as the sole factor in determining financial emancipation.

Lawful Presence: A student with lawful presence has supporting documentation from U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS) granting the individual either lawful presence or a nonimmigrant status that permits the non-U.S. citizen to establish  lawful residence in the United States, except for those individuals with F-1 or F-2 nonimmigrant status.  Listed below are examples of categories that may be used for determining lawful presence:

• Pending adjustment of status applicant (application for Lawful Permanent Residency)
• Asylees and refugees
• Those granted withholding of removal by an immigration judge
• Temporary Protected Status (TPS)
• Those granted a stay of removal by an immigration judge
• Deferred Action recipients (including VAWA and DACA)
• Those granted cancellation of removal by an immigration judge

This definition does not affect other definitions or requirements that may be contained in the Immigration and Nationality Act (INA) or other regulations and laws. Continuing eligibility to remain classified as a resident student for university tuition and fee-paying purposes depends upon the continued maintenance of lawful presence. Contact the campus Registrar’s office for more information.

Lawful Status: A student in lawful status is a citizen of the United States or is lawfully granted or admitted for permanent, conditional, or temporary residence in the United States. A student with an  nonimmigrant status which permits or leads to the establishment of a permanent residence in the United States may be eligible to pay resident  tuition, fees, and charges, provided that all other conditions identified in this policy are met.  Students in F-1 or F-2 status are not eligible to be considered for eligibility to pay resident tuition, fees, and charges.  This definition does not affect other definitions or requirements that may be contained in the Immigration and Nationality Act or other regulations and laws. Continuing eligibility to remain classified as a resident student for university tuition and fee-paying purposes depends upon the continued maintenance of lawful status. Contact the campus Registrar’s office for more information.

Nonresident Status: The classification of a student by the university as a nonresident under this policy is solely for the purposes of assessing tuition, fees, and charges. Nonresident status under this policy shall not be interpreted as the student’s citizenship, visa or other  nonimmigrant or immigrant status or non-status.

Parent/Legal Guardian: The individual(s) who has actual custody of the student or administers the property of the student. In the case of divorce, if either parent meets the residence requirements, the student will be considered a resident if all other conditions of residency are met and appropriate legal documentation is provided. The student may be required to provide documentation of a legal guardianship.

Predominant purpose: An individual’s primary (predominant) reason for residing in the state of Indiana. Physical presence in Indiana for the predominant purpose of attending a college, university, or other institution of higher education shall not be counted toward the 12-month period of residence; nor shall absence from Indiana for such purpose deprive an individual of resident student status.

Registrar:  A campus Registrar or a member of records staff fulfilling those duties.

Reside/Residence: “Residence,” or any of its variations (e.g., “reside”), as used in the context of this policy, means the place where an individual has the individual’s permanent home, at which the individual remains when not called elsewhere for labor, studies, or other special or temporary purposes, and to which the individual returns in seasons of repose. It is the place that an individual has voluntarily fixed as a permanent habitation for the individual with an intent to remain in such place for an indefinite period. An individual at any one time has but one state of residence, and a residence cannot be lost until another is gained.

Resident Status: The classification of a student by the university as a resident under this policy is solely for the purposes of assessing tuition, fees, and charges.   For the purpose of this policy, resident status should not be interpreted as the student’s citizenship, visa or other nonimmigrant or immigrant status or non-status.

Standing Committee on Residence:  A committee appointed by the President of the university to hear appeals of residency determinations.  The committee is under the direction of the Executive Vice President of University Academic Affairs (EVPUAA) and is chaired by the University Registrar.  Committee members are appointed to two-year terms (subject to renewal by the EVPUAA) and consist of admissions, registrar, enrollment officers, Student Government Association appointees, and/or administrative staff.

Student Status for Tuition Purposes

Dependent: A student will be considered dependent for tuition purposes if the student meets one or more of the criteria listed below:

• Marital status of single and under the age of  24 years of age as of the start of the semester
• Claimed as a dependent on the parents’ state or federal tax filings
• Classified as a dependent on the student’s FAFSA (Free Application for Federal Student Aid)

Independent: Students will be considered independent for tuition purposes if they meet one or more of the criteria listed below:

• Age of  24 or older as of the start of the semester
• Regardless of age, student is enrolled in a masters, doctoral or professional program that requires the completion of a bachelor degree
• Student is classified as an independent on their FAFSA (Free Application for Federal Student Aid)
• Marital status of married or divorced and more than half of the student’s income is derived independently
• Student has dependent children and he/she provides more than half of the dependent child(ren)’s support
• Under the age of 25 and both parents of the student are deceased and the student resides in Indiana for the predominant purpose of not attending a college, university or other institution of higher education
• Student is a veteran of the U.S. armed forces who has served on active duty for reasons other than training purposes or is currently serving on active duty for reasons other than training purposes
• A student who has been determined to be an adult prior to his/her 18th birthday by a court in his/her state of legal residence
• A student who is a ward of the court or was a ward of the court as of his/her/their 18th birthday
  
  

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Sanctions

A student or prospective student who provides false information, refuses to provide, or conceals information for the purpose of improperly achieving resident student status shall be subject to the full range of penalties, including expulsion, provided for by the university, as well as to such other penalties which may be provided for by law.

The Office of the Registrar reserves the right to reclassify the residency status for a student upon receipt of evidence that the student is not entitled to or is no longer eligible for the student’s current residency rate.  In cases where the student provided false, incomplete or misleading information, the residency rates for past terms may be reassessed.

If a student does not pay additional monies which may be due because of the classification as a nonresident student, the student’s financial account will be encumbered.  A student whose account is encumbered may be denied certain university services, such as registration and transcripts.

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History

Effective July 1, 2011, the Rules Determining Resident and Nonresident Student Status for Indiana University Fee Purposes have been provisionally revised to comply with recent state legislation and are in effect as stated below. A full review of the Rules and formal approval will take place in coming months.

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