South Carolina Code of Regulations › Chapter 62 - STATE COMMISSION ON HIGHER EDUCATION › Article V - DETERMINATION OF RATES OF TUITION AND FEES › Section 62-602 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Academic
			 Session" is defined as a term or semester of enrollment. (62-607.B)
B. "Continue to be Enrolled" is defined as
			 continuous enrollment without an interruption that would require the student to
			 pursue a formal process of readmission to that institution. Formal petitions or
			 applications for change of degree level shall be considered readmissions.
			 (62-607.A)
C. "Dependent Person" is
			 defined as one whose predominant source of income or support is from payments
			 from a parent, spouse, or guardian, who claims the dependent person on
			 his/her/their federal income tax return. In situations where the dependent is
			 submitting the tax return of joint filers, the residency of both filers should
			 be considered. In the case of those individuals who are supported by family
			 members who do not earn enough reportable income for taxation purposes, a
			 dependent person can be defined as one who qualifies as a dependent or
			 exemption on the federal income tax return of the parent, spouse, or guardian.
			 A dependent person is also one for whom payments are made, under court order,
			 for child support and the cost of the dependent person's college education. A
			 dependent person's residency is presumed to be that of the person upon whom
			 they are dependent. (62-602.G) (62-602.N) (62-603.B) (62-605.C)
			 (62-607.A)
D. "Domicile" is defined
			 as the true, fixed, principal residence and place of habitation. It shall
			 indicate the place where a person intends to remain, or to where one expects to
			 return upon leaving without establishing a new domicile in another state. For
			 purposes of this section, one may have only one legal domicile. One is presumed
			 to abandon automatically an old domicile upon establishing a new one. Housing
			 provided on an academic session basis for student at institutions shall be
			 presumed not to be a place of principal residence, as residency in such housing
			 is by its nature temporary. (62-602.E) (62-602.K) (62-602.M) (62-602.N)
			 (62-603.A) (62.603.B) (62-605.B) (62-605.C) (62-607.A) (62-607.B) (62-608.A)
			 (62-608.C) (62-608.D) (62-609.A.3) (62-609.A.4)
E. "Full time employment" is defined as
			 employment that consists of at least thirty seven and one half hours a week on
			 a single job in a full time status, with gross earnings of at least minimum
			 wage. However, a person who works less than thirty seven and one half hours a
			 week but receives or is entitled to receive full time employee benefits shall
			 be considered to be employed full time if such status is verified by the
			 employer. A person who meets the eligibility requirements of the Americans with
			 Disabilities Act must present acceptable evidence that they satisfy their
			 prescribed employment specifications in order to qualify as having full time
			 employment. (62-605.C.1) (62-609.A.2) (62-609.A.3)
F. "Guardian" is defined as one legally
			 responsible for the care and management of the person or property of a minor
			 child based upon the five tests for dependency prescribed by the Internal
			 Revenue Service; provided, however, that where circumstances indicate that such
			 guardianship or custodianship was created primarily for the purpose of
			 conferring South Carolina domicile for tuition and fee purposes on such child
			 or dependent person, it shall not be given such effect. (62-602.C) (62-602.E)
			 (62-602.I) (62-602.M) (62-603.B) (62-605.C)
G. "Immediately Prior" is defined as the
			 period of time between the offer of admission and the first day of class of the
			 term for which the offer was made, not to exceed one calendar year.
			 (62-607.A)
H. "Independent Person"
			 is defined as one in his/her majority (eighteen years of age or older) or an
			 emancipated minor, whose predominant source of income is his/her own earnings
			 or income from employment, investments, or payments from trusts, grants,
			 scholarships, commercial, educational or student loans in the name of the
			 independent person and provided by an insured and federally regulated financial
			 entity, or payments made in accordance with court order and for the purposes of
			 determining residency for tuition and fees. An independent person:
(1) must provide more than half of his or her
			 support, which shall include the institutional cost of attendance as defined by
			 Title IV, during the twelve months immediately prior to the date that classes
			 begin for the semester for which resident status is requested ;
(2) cannot claim the domicile of another
			 individual as their own for the purposes of establishing intent to become a
			 South Carolina resident;
(3) must
			 have established his/her own domicile and provide documentation of establishing
			 his/her own domicile for twelve months to include documentation of renting a
			 domicile if applicable, prior to receiving in-state tuition and fees;
			 and
(4) cannot be claimed as a
			 dependent or exemption on the federal tax return of his or her parent, spouse,
			 or guardian for the year in which resident status is requested. (62-602.N)
			 (62-603.A) (62-605.C) (62-607.B) (62-608.B)