FDA(LEGAL) - TUITION AND FEES: RESIDENCY

Residence Determination Official

Each institution, including each college district, shall designate an individual who is employed by the institution as a Residence Determination Official who shall be knowledgeable of the requirements set out in 19 Administrative Code Chapter 21, Subchapter B and the applicable statutes and is responsible for residency determinations for the institution. 19 TAC 21.29

Definitions

"Census Date"

"Clear and Convincing Evidence"

"Dependent"

Is less than 18 years of age and has not been emancipated by marriage or court order; or

Is eligible to be claimed as a dependent of a parent of the person for purposes of determining the parent's income tax liability under the Internal Revenue Code of 1986.

Education Code 54.0501(2); 19 TAC 21.22(5)

"Domicile"

"Established Domicile in Texas"

"Maintain Domicile"

"Parent"

"Regular Semester"

"Residence"

"Temporary Absence"

19 TAC 21.22(29)

Residents

A person who:

Established a domicile in this state not later than one year (12 months) before the census date of the academic term in which the person is enrolled in an institution, including a college district; and

Maintained that domicile continuously in the state for the year (12 months) immediately preceding the census date of the academic semester in which the person enrolls in an institution.

Education Code 54.052(a); 19 TAC 21.24(a)(2)

A statement of the dates and length of time the person has resided in this state, as relevant to establish resident status; and

A statement by the person that the person's presence in this state for that period was for a purpose of establishing and maintaining a domicile.

Education Code 54.053(1)

A dependent whose parent:

Established a domicile in this state not later than one year (12 months) before the census date of the academic term in which the dependent is enrolled in an institution of higher education; and

Maintained that domicile continuously for the year (12 months) immediately preceding the census date of the academic semester in which the person enrolls in an institution.

Education Code 54.052(a)(2); 19 TAC 21.24(a)(3)

A statement of the dates and length of time any parent of the person has resided in this state, as relevant to establish resident status; and

A statement by the parent or, if the parent is unable or unwilling to provide the statement, a statement by the person that the parent's presence in this state for that period was for a purpose of establishing and maintaining a domicile.

Education Code 54.053(2)

A person who:

Graduated from a public or accredited private high school in this state or received the equivalent of a high school diploma in this state, including the successful completion of a nontraditional secondary education; and

Maintained a residence continuously in this state for:

The three years (36 months) immediately preceding the date of graduation or receipt of the diploma equivalent, as applicable; and

The year (12 months) preceding the census date of the academic term in which the person is enrolled in an institution.

Education Code 54.052(a)(3); 19 TAC 21.24(a)(1)

A statement of the dates and length of time the person has resided in this state, as relevant to establish resident status; and

If the person is not a citizen or permanent resident of the United States, an affidavit stating that the person will apply to become a permanent resident of the United States as soon as the person becomes eligible to apply. An affidavit signed by a person enrolled and classified during any part of the 2011–12 academic year or later must be retained in a paper or electronic format permanently by the institution or until the student (current and former) provides proof that the student has applied for permanent resident status.

Education Code 54.053(3); 19 TAC 21.25(a)(1)(B), (c), .30(a), (c)

Non-Citizens

Presumption of Resident Status

Evidence of Resident Status

Utility bills for the 12 consecutive months preceding the census date;

Canceled checks that reflect a Texas residence for the 12 consecutive months preceding the census date;

A current credit report that documents the length and place of residence of the person or the dependent's parent to be in Texas and the length of residence to be at least 12 consecutive months preceding the census date;

Texas voter registration card that was issued at least 12 months prior to the census date;

Lease or rental of residential real property in the name of the person or the dependent's parent for the 12 consecutive months immediately preceding the census date; and

Texas high school transcript for full senior year immediately preceding the census date or a transcript from a Texas institution of higher education showing presence in the state for the 12 consecutive months preceding the census date.

Education Code 54.075(b); 19 TAC 21.24(b), .25

Intent to Establish and Maintain Domicile in Texas

Establishment of Domicile:

Significant Gainful Employment:

An employer's statement of dates of employment in Texas (beginning and current or ending dates) that encompass at least 12 consecutive months prior to the census date of the term in which the person enrolls or pay stubs for 12 consecutive months prior to the census date, reflecting significant gainful employment in Texas. However, employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment for the purposes of 19 Administrative Code Chapter 21, Subchapter B.

For a person who is unemployed and living on public assistance, written statements from the office of one or more social service agencies located in Texas that attest to the provision of services to the person for the 12 consecutive months prior to the census date of the term in which the person enrolls.

Residential Real Property. Sole or joint marital ownership of residential real property in Texas with documentation to verify 12 consecutive months of ownership prior to the census date of the term in which the person enrolls, such as a Warranty Deed, with the person or the dependent's parent having established and maintained domicile at that residence.

Marriage to a Person who has Established and Maintained Domicile in Texas. Marriage certificate or Declaration of Registration of Informal Marriage with documentation to support that spouse has established and maintained domicile in Texas for 12 consecutive months prior to the census date of the term in which the person enrolls.

Ownership of a Business Entity. Documents that evidence the organization of the business in Texas that reflect the ownership interest of the person or dependent's parent, and the customary management of the business by the person or dependent's parent without the intention of liquidation for the foreseeable future.

Maintenance of Domicile: A person who established domicile through one of the actions described in item 1 and continues to reside in the State of Texas, except for temporary absences as defined in 19 Administrative Code 21.22(29), is considered to have maintained domicile in Texas for that period of time unless he or she takes specific steps to change his or her domicile to a different location.

19 TAC 21.24(f)–(h)

Burden of Proof

Continuing Resident Status

Education Code 54.054(a)–(b)

Break in Enrollment

Additional or Changed Information

Education Code 54.055; 19 TAC 21.27

Errors in Classification

The person failed to provide to the institution, in a timely manner after the information becomes available or on request by the institution, any information that the person reasonably should know would be relevant to an accurate classification by the institution; or

The person provided false information to the institution that the person reasonably should know could lead to an erroneous classification by the institution.

Education Code 54.056; 19 TAC 21.28 [See FD(LEGAL)]

Blinn College

FDA(LEGAL)-LJC

UPDATE 33

DATE ISSUED: 11/28/2017