53B-8-102 - Definition of resident student.
53B-8-102. Definition of resident student.
(1) As used in this section, "parent" means a student's biological or adoptive parent.
(2) The meaning of "resident student" is determined by reference to the general law onthe subject of domicile, except as provided in this section.
(3) (a) Institutions within the state system of higher education may grant resident studentstatus to any student who has come to Utah and established residency for the purpose ofattending an institution of higher education, and who, prior to registration as a resident student:
(i) has maintained continuous Utah residency status for one full year;
(ii) has signed a written declaration that the student has relinquished residency in anyother state; and
(iii) has submitted objective evidence that the student has taken overt steps to establishpermanent residency in Utah and that the student does not maintain a residence elsewhere.
(b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
(i) a Utah high school transcript issued in the past year confirming attendance at a Utahhigh school in the past 12 months;
(ii) a Utah voter registration dated a reasonable period prior to application;
(iii) a Utah driver license or identification card with an original date of issue or a renewaldate several months prior to application;
(iv) a Utah vehicle registration dated a reasonable period prior to application;
(v) evidence of employment in Utah for a reasonable period prior to application;
(vi) proof of payment of Utah resident income taxes for the previous year;
(vii) a rental agreement showing the student's name and Utah address for at least 12months prior to application; and
(viii) utility bills showing the student's name and Utah address for at least 12 monthsprior to application.
(c) A student who is claimed as a dependent on the tax returns of a person who is not aresident of Utah is not eligible to apply for resident student status.
(4) An institution within the state system of higher education may establish strictercriteria for determining resident student status.
(5) If an institution does not have a minimum credit-hour requirement, that institutionshall honor the decision of another institution within the state system of higher education to granta student resident student status, unless:
(a) the student obtained resident student status under false pretenses; or
(b) the facts existing at the time of the granting of resident student status have changed.
(6) Within the limits established in Title 53B, Chapter 8, Tuition Waivers andScholarships, each institution within the state system of higher education may, regardless of itspolicy on obtaining resident student status, waive nonresident tuition either in whole or in part,but not other fees.
(7) In addition to the waivers of nonresident tuition under Subsection (6), each institutionmay, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to themaximum number allowed by the appropriate athletic conference as recommended by thepresident of each institution.
(8) (a) (i) Personnel of the United States Armed Forces assigned to active duty in Utah,and the immediate members of their families residing with them in this state are entitled toresident status for tuition purposes.
(ii) Except as provided in Subsection (8)(b), upon the termination of active duty status,the military personnel and their family members are governed by the standards applicable tononmilitary persons.
(b) Military personnel who had Utah residency immediately prior to their active dutystatus and who reestablish residency in Utah upon the termination of active duty status areentitled to resident status for themselves and the immediate members of their families residingwith them for tuition purposes.
(9) (a) Aliens who are present in the United States on visitor, student, or other visaswhich authorize only temporary presence in this country, do not have the capacity to intend toreside in Utah for an indefinite period and therefore are classified as nonresidents.
(b) Aliens who have been granted immigrant or permanent resident status in the UnitedStates are classified for purposes of resident status according to the same criteria applicable tocitizens.
(10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservationor trust lands lie partly or wholly within Utah or whose border is at any point contiguous with theborder of Utah, and any American Indian who is a member of a federally recognized or knownUtah tribe and who has graduated from a high school in Utah, is entitled to resident studentstatus.
(11) A Job Corps student is entitled to resident student status if the student:
(a) is admitted as a full-time, part-time, or summer school student in a program of studyleading to a degree or certificate; and
(b) submits verification that the student is a current Job Corps student.
(12) (a) A member of the Utah National Guard is entitled to resident student status if thestudent:
(i) is admitted as a full-time, part-time, or summer school student in a program of studyleading to a degree or certificate; and
(ii) submits verification that the student is a member of the Utah National Guard.
(b) A member of the Utah National Guard who performs active duty service shall beconsidered to maintain continuous Utah residency under this section.
(13) A person is entitled to resident student status and may immediately apply forresident student status if the person:
(a) marries a Utah resident eligible to be a resident student under this section; and
(b) establishes his or her domicile in Utah as demonstrated by objective evidence asprovided in Subsection (3).
(14) Notwithstanding Subsection (3)(c), a dependent student who has at least one parentwho has been domiciled in Utah for at least 12 months prior to the student's application isentitled to resident student status.
(15) (a) A person who has established domicile in Utah for full-time permanentemployment may rebut the presumption of a nonresident classification by providing substantialevidence that the reason for the individual's move to Utah was, in good faith, based on anemployer requested transfer to Utah, recruitment by a Utah employer, or a comparablework-related move for full-time permanent employment in Utah.
(b) All relevant evidence concerning the motivation for the move shall be considered,including:
(i) the person's employment and educational history;
(ii) the dates when Utah employment was first considered, offered, and accepted;
(iii) when the person moved to Utah;
(iv) the dates when the person applied for admission, was admitted, and was enrolled as apostsecondary student;
(v) whether the person applied for admission to an institution of higher education soonerthan four months from the date of moving to Utah;
(vi) evidence that the person is an independent person who is:
(A) at least 24 years of age; or
(B) not claimed as a dependent on someone else's tax returns; and
(vii) any other factors related to abandonment of a former domicile and establishment ofa new domicile in Utah for purposes other than to attend an institution of higher education.
(16) (a) A person who is in residence in Utah to participate in a United States Olympicathlete training program, at a facility in Utah, approved by the governing body for the athlete'sOlympic sport, shall be entitled to resident status for tuition purposes.
(b) Upon the termination of the athlete's participation in the training program, the athleteshall be subject to the same residency standards applicable to other persons under this section.
(c) Time spent domiciled in Utah during the Olympic athlete training program in Utahcounts for Utah residency for tuition purposes upon termination of the athlete's participation in aUtah Olympic athlete training program.
(17) (a) A person who has established domicile in Utah for reasons related to divorce, thedeath of a spouse, or long-term health care responsibilities for an immediate family member,including the person's spouse, parent, sibling, or child, may rebut the presumption of anonresident classification by providing substantial evidence that the reason for the individual'smove to Utah was, in good faith, based on the long-term health care responsibilities.
(b) All relevant evidence concerning the motivation for the move shall be considered,including:
(i) the person's employment and educational history;
(ii) the dates when the long-term health care responsibilities in Utah were firstconsidered, offered, and accepted;
(iii) when the person moved to Utah;
(iv) the dates when the person applied for admission, was admitted, and was enrolled as apostsecondary student;
(v) whether the person applied for admission to an institution of higher education soonerthan four months from the date of moving to Utah;
(vi) evidence that the person is an independent person who is:
(A) at least 24 years of age; or
(B) not claimed as a dependent on someone else's tax returns; and
(vii) any other factors related to abandonment of a former domicile and establishment ofa new domicile in Utah for purposes other than to attend an institution of higher education.
(18) The board, after consultation with the institutions, shall make rules not inconsistentwith this section:
(a) concerning the definition of resident and nonresident students;
(b) establishing procedures for classifying and reclassifying students;
(c) establishing criteria for determining and judging claims of residency or domicile;
(d) establishing appeals procedures; and
(e) other matters related to this section.
(19) A student shall be exempt from paying the nonresident portion of total tuition if thestudent:
(a) is a foreign national legally admitted to the Unites States;
(b) attended high school in this state for three or more years; and
(c) graduated from a high school in this state or received the equivalent of a high schooldiploma in this state.
Amended by Chapter 363, 2009 General Session