Chapter Four: Student Services
 
Procedure Title: Residency Determination
Based On: Board Policies 1 and 2
Procedure Number: 4.03
Date Adopted/Revised: June 25, 2001; November 21, 2006; May 15, 2007; May 17, 2010; April 13, 2015; January 6, 2016; July 21, 2016

It is the responsibility of the Dean of Enrollment Services, with assistance from the Vice President for Finance and Administration, to determine and document residency status.
  1. A student may be classified in one of three categories in accordance with his/her stated domicile for purposes of tuition charges:

    1. In-District
    2. Out-of-District
    3. Out-of-State

  2. A student will be charged tuition at the rate that corresponds to his/her bona fide domicile.

    1. A domicile means the legal home and place of permanent living of the student, and the intention to make the domicile the permanent home must have been manifested by good faith acts.

    2. The mere physical presence alone is not sufficient evidence of a domicile. The domicile is the legal residence of an individual.

  3. The domicile and legal residence of a minor student are the same as that of:

    1. The parents or surviving parent;

    2. The parent to whom custody of the minor has been awarded by a divorce or other judicial decree;

    3. The parent with whom the minor in fact makes his/her home, if there has been separation of parents without a judicial award of custody; or

    4. An adoptive parent, in cases of legal adoption, even though the biological parent/s may be living.

    5. A minor emancipated by the law of his domicile or on reaching the legal age of majority has the power which any adult has to acquire a different domicile and a different place of residing; however, his/her prior domicile or origin continues until he or she clearly establishes a new one. Marriage constitutes emancipation of minors, both male and female. For either an adult or an emancipated minor to acquire a new domicile he or she:

      1. Must have permanently left his/her parental home;
      2. Must have established a legal home (domicile) of permanent character other than for attendance in school;
      3. Must have resided for six continuous months as a domiciliary; and
      4. Must have no present definite intent of removing there from as of a certain time

    6. The domicile of a person is the same as that of his or her spouse as long as he or she lives with him or her.

    7. An out-of-state person becomes eligible for out-of-district or in-district tuition status for College tuition purposes following marriage as long as the spouse has been domiciled in Arkansas for six continuous months.

  4. Individuals who are

    1. in active military duty or
    2. no more than three years past discharge from military service or
    3. dependents (spouse and/or children) of either of the above

    are eligible for the in-state tuition rate regardless of their residency.