575-030-0005 Definitions (1) "Resident of Oregon". Residency is established by virtue of the student (in the case of independent students) or the student's parent (in the case of dependent students) having been in continuous residency in this state for the 12 months preceding enrollment. Residency is immediate in the case of a dependent student whose parents have moved to this state for a reason other than the student's enrollment. The residency period may be reduced to the preceding six months in the case of an independent student who moved to this state for a purpose other than education: (a) A dependent resident student whose Oregon domiciled parent(s) move out-of-state shall retain resident classification as long as the student is continuously enrolled at an Oregon high school or Oregon postsecondary institution. Continuous enrollment is defined as completion of an academic year within any 12-month period; (b) An independent resident student shall retain resident classification as long as the student is continuously enrolled at an Oregon postsecondary institution. Continuous enrollment is defined as completion of an academic year within any 12-month period; (c) A dependent student whose parent(s) are serving on active duty in the U. S. Armed Forces outside the State of Oregon shall have residency status determined by the parents' declared "home of record". An independent student who is serving on active duty in the U. S. Armed Forces outside the State of Oregon shall have residency status determined by the student's declared "home of record"; (d) A student from a state other than Oregon, or from the Federated States of Micronesia, who is receiving or is eligible to receive financial assistance through the government of that state or the Federated States, shall not be considered a resident of Oregon; (e) Eligibility for certain scholarships administered by the Commission does not necessarily qualify a student as an Oregon resident for the purposes of state-funded student financial aid programs administered by the Commission. (f) Residence Classification of Members of Oregon Tribes (A) Students who are enrolled members of federally recognized tribes of Oregon or who are enrolled members of a federally recognized Native American tribe which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon shall be deemed eligible for programs administered by the Higher Education Coordinating Commission that are limited to Oregon residents, regardless of their state of residence. (B) For purposes of this rule, the federally recognized tribes of Oregon are those adopted by the Oregon public universities for purposes of assessing resident tuition: (i) Burns Paiute Tribe; (ii) Confederated Tribes of Coos, Lower Umpqua and Siuslaw; (iii) Confederated Tribes of Grand Ronde Community of Oregon; (iv) Confederated Tribes of Siletz Indians of Oregon; (v) Confederated Tribes of the Umatilla Indian Reservation; (vi) Confederated Tribes of the Warm Springs Indian Reservation; (vii) Coquille Indian Tribe; (viii) Cow Creek Band of Umpqua Indians; (ix) Klamath Tribes. (C) For purposes of this rule, the federally recognized Native American tribes which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon are: (i) CALIFORNIA: (I) Benton Paiute Tribe; (II) Big Bend Rancheria; (III) Big Lagoon Rancheria; (IV) Blue Lake Rancheria; (V) Bridgeport Indian Colony; (VI) Cedarville Rancheria; (VII) Fort Bidwell Indian Tribe; (VII) Hoopa Valley Tribe; (IX) Karuk Tribe of California; (X) Likely Rancheria; (XI) Lookout Rancheria; (XII) Lytton Rancheria; (XIII) Melochundum Band of Tolowa Indians; (XIV) Montgomery Creek Rancheria; (XV) Pit River Tribe; (XVI) Quartz Valley Indian Community; (XVII) Redding Rancheria; (XVIII) Roaring Creek Rancheria; (XIX) Smith River Rancheria; (XX) Susanville Rancheria; (XXI) Tolowa-Tututni Tribe; (XXII) Winnemucca Colony; (XXIII) XL Ranch; (XXIV) Yurok Tribe. (ii) IDAHO: (I) Nez Perce Tribe of Idaho; (II) Shoshoni-Bannock Tribes. (iii) NEVADA: (I) Duck Valley Shoshone-Paiute Tribes; (II) Fallon Paiute-Shoshone Tribe; (III) Fort McDermitt Paiute-Shoshone Tribe; (IV) Lovelock Paiute Tribe; (V) Pyramid Lake Paiute Tribe; (VI) Reno-Sparks Indian Colony; (VII) Summit Lake Paiute Tribe; (VIII) Walker River Paiute Tribe; (IX) Winnemucca Indian Colony; (X) Yerington Paiute Tribe. (iv) OKLAHOMA: Modoc Tribe of Oklahoma. (v) WASHINGTON: (I) Chehalis Community Council; (II) Colville Confederated Tribes; (III) Quinault Indian Nation; (IV) Shoalwater Bay Tribe; (V) Yakama Indian Nation. (D) A student seeking to be deemed eligible under the provisions of this rule shall submit, following procedures prescribed by the Oregon Student Assistance Commission, a photocopy of a tribal enrollment card or other acceptable documentation from a tribe which documents tribal membership. (2) "Undergraduate Student" is a regularly enrolled student who: (a) Has not obtained a baccalaureate or higher degree from any accredited institution; or (b) Has not been classified as a "graduate student" by the institution disbursing funds. (3) "Dependent/Independent Student". The definition of dependent/independent student shall be the definition used for the student aid programs under Title IV of the Higher Education Act of 1965 as amended. (4) "Financial Need". The difference between the expected family contribution, derived from the federal system of need analysis or an alternate system of need analysis annually approved by the Commission or both, and the cost of education, as specified by program rules. (5)(a) "Cost of Education". Generally, the sum of tuition for 15 credit-hours per academic term; standard fees charged to all students; room and board (where applicable); and estimates of books, supplies, modest personal expenses, transportation, and other allowable costs identified by the U.S. Department of Education. (b) The standard cost of education is based upon full-time enrollment for an independent student or for a dependent student not living at home. (6) "Full-Time Enrollment". Registration and payment of required fees as a full-time student, at an eligible institution or combination of eligible institutions, based on a minimum of 12 credit-hours per academic term. Students attending more than one eligible institution must meet the definition of concurrently enrolled as defined in OAR 575-030-0005(8) to be considered full-time. (7) "Half-Time Enrollment". Registration and payment of required fees as a half-time student, at an eligible institution or combination of eligible institutions, based on 6 to 11 credit-hours per academic term. (8) "Concurrently Enrolled". A student who attends more than one eligible institution under a written consortium agreement or concurrent enrollment program. The student's "home" institution determines the student's eligibility for federal and state financial aid, disburses funds to the student, and is responsible for reporting enrollment and disbursement information to the Commission. (9) "Oregon-based". Having an educational institution that is both located and headquartered in Oregon. Statutory/Other Authority: ORS 348 Statutes/Other Implemented: ORS 348.230 - 348.260 History: OSAC 1-2016, f. & cert. ef. 4-21-16 OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 5-2007, f. & cert. ef. 11-7-07 OSAC 3-2005, f. 9-27-05, cert. ef. 10-1-05 OSAC 1-2004, f. & cert. ef. 2-12-04 OSAC 5-2002, f. & cert. ef. 3-12-02 SSC 1-1998, f. & cert. ef. 3-18-98 SSC 5-1987, f. & ef. 10-23-87 SSC 2-1986, f. & ef. 2-25-86 SSC 1-1981, f. & ef. 9-3-81 SSC 4-1980, f. & ef. 10-22-80 SSC 2-1980, f. 1-31-80, ef. 4-1-80 SSC 1-1979, f. & ef. 1-17-79 SSC 3-1978, f. & ef. 2-16-78 SSC 1-1978(Temp), f. & ef. 1-4-78 SSC 18, f. & ef. 10-19-77 SSC 12, f. & ef. 12-15-76