South Carolina Code of Regulations › Chapter 62 - STATE COMMISSION ON HIGHER EDUCATION › Article V - DETERMINATION OF RATES OF TUITION AND FEES › Section 62-609 - Exceptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Persons in the
			 following categories qualify to pay in state tuition and fees without having to
			 establish a permanent home in the state for twelve months. Persons who qualify
			 under any of these categories must meet the conditions of the specific category
			 on or before the first day of class of the term for which payment of in state
			 tuition and fees is requested. The following categories apply only to in state
			 tuition and do not apply to State supported scholarships and grants.
			 Individuals who qualify for in state tuition and fees under the following
			 exceptions do not automatically qualify for LIFE, SC HOPE or Palmetto Fellows
			 Scholarships. However, where all scholarship & grant timelines related to
			 residency and academic requirements are met, persons in categories (1), (3) and
			 (4) may qualify for state scholarships or grants:
(1) "Military Personnel and their
			 Dependents": Members of the United States Armed Forces who are permanently
			 assigned in South Carolina on active duty and their dependents are eligible to
			 pay in state tuition and fees. When such personnel are transferred from the
			 State, their dependents may continue to pay in state tuition and fees as long
			 as they are continuously enrolled or transfer to an eligible institution during
			 the term or semester, excluding summer terms, immediately following their
			 enrollment at the previous institution. In the event of a transfer, the
			 receiving institution shall verify the decision made by the student's previous
			 institution in order to certify the student's eligibility for in-state tuition
			 rates. It is the responsibility of the transferring student to ensure that all
			 documents required to verify both the previous and present residency decisions
			 are provided to the institution. Members of the United States Armed Forces who
			 are permanently assigned in South Carolina on active duty (and their
			 dependents) may also be eligible to pay in state tuition and fees as long as
			 they are continuously enrolled after their discharge from the military,
			 provided they have demonstrated an intent to establish a permanent home in
			 South Carolina and they have resided in South Carolina for a period of at least
			 twelve months immediately preceding their discharge. Military personnel who are
			 not stationed in South Carolina and/or former military personnel who intend to
			 establish South Carolina residency must fulfill the twelve month "physical
			 presence" requirement for them or their dependents to qualify to pay in state
			 tuition and fees.
(2) "Faculty and
			 Administrative Employees with Full Time Employment and their Dependents": Full
			 time faculty and administrative employees of South Carolina state supported
			 colleges and universities and their dependents are eligible to pay in state
			 tuition and fees.
(3) "Residents
			 with Full Time Employment and their Dependents:" Persons who reside, are
			 domiciled, and are full time employed with an employer that is physically
			 located in the State and who continue to work full time until they meet the
			 twelve month requirement and their dependents are eligible to pay in state
			 tuition and fees, provided that they have taken steps to establish a permanent
			 home in the State. Steps an independent person must take to establish residency
			 in South Carolina are listed in Section
			 62-605
			 entitled ("Establishing the Requisite Intent to Become a South Carolina
			 Domiciliary").
(4) "Retired Persons
			 and their Dependents:" Retired persons with taxable retirement income received
			 as monthly/quarterly/annual disbursements from a retirement account, or who are
			 receiving a pension or annuity who reside in South Carolina and have been
			 domiciled in South Carolina as prescribed in the Statute for less than a year
			 may be eligible for in state rates if they maintain residence and domicile in
			 this State. All retirement income must show South Carolina income tax
			 withholdings prior to the first day of classes for the term in which residency
			 is being sought. Social Security is not considered as a type of eligible
			 retirement income. Persons on terminal leave who have established residency in
			 South Carolina may be eligible for in state rates even if domiciled in the
			 State for less than one year if they present documentary evidence from their
			 employer showing they are on terminal leave. The evidence should show beginning
			 and ending dates for the terminal leave period and that the person will receive
			 a pension or annuity when he/she retires. Steps an independent person must take
			 to establish residency in South Carolina are listed in Section
			 62-605
			 entitled ("Establishing the Requisite Intent to Become a South Carolina
			 Domiciliary").
(5) "Covered
			 Individuals Receiving Specific Education Benefits:" Covered individuals living
			 in South Carolina, who are enrolled in a public institution of higher education
			 and receiving educational assistance under Chapter 30, Chapter 31 and Chapter
			 33, Title 38 of the United States Code, are entitled to pay in-state tuition
			 and fees without regard to the length of time the covered individual has
			 resided in this State. For purposes of this subsection, a covered individual is
			 defined as:
(a) a veteran who served ninety
			 days or longer on active duty in the Uniformed Service of the United States,
			 their respective Reserve forces, or the National Guard;
(b) a person who is entitled to and receiving
			 assistance under Section 3319, Title 38 of the United States Code by virtue of
			 the person's relationship to the veteran described in subitem (a);
(c) a person using transferred benefits under
			 Section 3319, Title 38 of the United States Code while the transferor is on
			 active duty in the Uniformed Service of the United States, their respective
			 Reserve forces, or the National Guard;
(d) a person who is entitled to and receiving
			 assistance under Section 3311(b)(9), Title 38 of the United States Code;
			 or
(e) a person who is entitled to
			 and is receiving assistance under Section 3102(a), Title 38 of the United
			 States Code.
A covered individual shall remain eligible for in-state rates
				as long as he remains continuously enrolled in an in-state institution or
				transfers to another in-state institution during the term or semester,
				excluding summer terms, immediately following his enrollment at the previous
				in-state institution. In the event of a transfer, the in-state institution
				receiving the covered individual shall verify the covered individual's
				eligibility for in-state rates with the covered individual's prior in-state
				institution. It is the responsibility of the transferring covered individual to
				ensure all documents required to verify both the previous and present residency
				decisions are provided to the in-state institution