Kentucky Administrative Regulations › Title 13 - COUNCIL ON POSTSECONDARY EDUCATION › Chapter 2 - Public Educational Institutions › Section 13 KAR 2:045 - Determination of residency status for admission and tuition assessment purposes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 164.020, 164.030, 164A.330(6),  38 U.S.C. 3301-3325
NECESSITY, FUNCTION, AND CONFORMITY: KRS 164.020(8) requires
				the Council on Postsecondary Education to determine tuition and approve the
				minimum qualifications for admission to a state postsecondary education
				institution and authorizes the Council to set different tuition amounts for
				residents of Kentucky and for nonresidents. This administrative regulation
				establishes the procedure and guidelines for determining the residency status
				of a student who is seeking admission to, or who is enrolled at, a
				state-supported postsecondary education institution.
Section 1. Definitions.
(1) "Academic term" means a division of the
			 school year during which a course of studies is offered, and includes a
			 semester, quarter, or single consolidated summer term as defined by the
			 institution.
(2) "Continuous
			 enrollment" means enrollment in a state-supported postsecondary education
			 institution at the same degree level for consecutive terms, excluding summer
			 term, since the beginning of the period for which continuous enrollment is
			 claimed unless a sequence of continuous enrollment is broken due to extenuating
			 circumstances beyond the student's control, such as serious personal illness or
			 injury, or illness or death of a parent.
(3) "Degree level" means enrollment in a
			 course or program that could result in the award of a:
(a) Certificate, diploma, or other program
			 award at an institution;
(b)
			 Baccalaureate degree or lower, including enrollment in a course by a
			 nondegree-seeking post baccalaureate student;
(c) Graduate degree or graduate certification
			 other than a first-professional degree in law, medicine, dentistry, or "Pharm.
			 D"; or
(d) Professional degree in
			 law, medicine, dentistry, or "Pharm. D".
(4) "Dependent person" means a person who
			 cannot demonstrate financial independence from parents or persons other than a
			 spouse and who does not meet the criteria for independence established in
			 Section 5 of this administrative regulation.
(5) "Determination of residency status" means
			 the decision of a postsecondary education institution that results in the
			 classification of a person as a Kentucky resident or as a nonresident for
			 admission and tuition assessment purposes.
(6) "Domicile" means a person's true, fixed,
			 and permanent home and is the place where the person intends to remain
			 indefinitely, and to which the person expects to return if absent without
			 intending to establish a new domicile elsewhere.
(7) "Full-time employment" means continuous
			 employment for at least forty-eight (48) weeks at an average of at least thirty
			 (30) hours per week.
(8)
			 "Independent person" means a person who demonstrates financial independence
			 from parents or persons other than a spouse and who meets the criteria for
			 independence established in Section 5 of this administrative
			 regulation.
(9) "Institution" means
			 an entity defined by KRS 164.001(12) if the type of institution is not
			 expressly stated and includes the Kentucky Virtual University, the Council on
			 Postsecondary Education, and the Kentucky Higher Education Assistance
			 Authority.
(10) "Kentucky resident"
			 means a person determined by an institution for tuition purposes to be
			 domiciled in, and a resident of, Kentucky as determined by this administrative
			 regulation.
(11) "Nonresident"
			 means a person who:
(a) Is domiciled outside
			 Kentucky;
(b) Currently maintains
			 legal residence outside Kentucky; or
(c) Is not a Kentucky resident as determined
			 by this administrative regulation.
(12) "Parent" means one (1) of the following:
(a) A person's father or mother; or
(b) A court-appointed legal guardian if:
1. The guardianship is recognized by an
			 appropriate court within the United States;
2. There was a relinquishment of the rights
			 of the parents; and
3. The
			 guardianship was not established primarily to confer Kentucky residency on the
			 person.
(13)
			 "Preponderance of the evidence" means the greater weight of evidence or
			 evidence that is more credible and convincing to the mind.
(14) "Residence" means the place of abode of
			 a person and the place where the person is physically present most of the time
			 for a noneducational purpose in accordance with Section 3 of this
			 administrative regulation.
(15)
			 "Student financial aid" means all forms of payments to a student if one (1)
			 condition of receiving the payment is the enrollment of the student at an
			 institution, and includes student employment by the institution or a graduate
			 assistantship.
(16) "Sustenance"
			 means:
(a) Living expenses, such as room,
			 board, maintenance, and transportation; and
(b) Educational expenses, such as tuition,
			 fees, books, and supplies.