1. It
is the intent of the Ohio Board of Regents in promulgating this rule to exclude
from treatment as residents, as that term is applied
here, those persons who are present
in the State of
education.
2. This
rule is adopted pursuant to Chapter 119 of the Revised Code, and under the
authority conferred upon the Ohio Board of
Regents by Section 3333.31 of the
Revised Code.
B. Definitions
1. “Resident” shall mean any person who maintains a 12-month place or
places of residence in Ohio, who is qualified as a resident to vote in Ohio and
receive state public assistance, and who may be subjected to tax liability
under Section 5747.02 of the Revised Code, provided such person has not within
the time prescribed by this rule, declared himself or herself to be allowed
himself or herself to remain a resident of any other state or nation for any of
these or other purposes.
2. “Financial Support” as used in this rule, shall not include
grants, scholarships and awards from persons or entities that are not related
to the recipient.
3. An “institution of higher education” shall have the same meaning
as “state institution of higher education” as that term is defined in Section
3345.011 of the Revised Code, and shall also include private medical and dental
colleges that receive direct subsidy from the state of
4. “Domicile” as used in this rule is a person’s permanent place of
abode, so long as the person has the legal ability under federal and state law
to reside permanently at that abode. For the purposes of this rule, only one
(1) domicile may be maintained at a given time.
5.
“Dependent” shall mean a student who was claimed by at least one parent
or guardian as a dependent on that person’s Internal Revenue Service tax filing
for the previous tax year.
6.
“Residency Officer” means the person or persons at an institution of
higher education that has the responsibility for determining residency of
students under this rule.
7.
“Community Service Position” shall mean a position volunteering or work
for: (a)
C. Residency for Subsidy and Tuition Surcharge Purposes
The following persons shall be classified as residents of the State of
1. A student whose spouse, or a dependent student, at least one of
whose parents or a legal guardian, has been a resident of the state of Ohio for
all other legal purposes for 12
consecutive months or more immediately preceding the enrollment of the student
in an institution of higher education.
2. A
person who has been a resident of Ohio for all other legal purposes for at
least 12 consecutive months immediately preceding his or her enrollment in an institution of
higher education and who is not receiving, and has not directly or indirectly
received in the
preceding 12 consecutive months,
financial support from persons or entities who are not residents of
3. A
dependent student of a parent or legal guardian, or the spouse of a person, who
as of the first day of a term of enrollment, has
accepted full-time self-sustaining
employment and established domicile in the state of
of favorable tuition rates. Documentation of full-time employment and
domicile shall include all of the following documents:
a. A
sworn statement from the employer or the employer’s representative on the
letterhead of the employer or the employer’s representative
certifying that the parent, legal guardian or spouse of the student is employed
full-time in
b. A copy of the lease under which the parent, legal guardian or
spouse is the lessee and occupant of rented residential property in the state;
a copy of the closing statement on residential real property located in Ohio of
which the parent, legal guardian or spouse is the owner and occupant; or if the
parent, legal guardian or spouse is not the lessee or owner of the residence in
which he or she has established domicile, a notarized letter from the owner of
the residence certifying that the parent or spouse resides at that residence.
c. In
addition to the above, a letter from the parent verifying the dependent status
of the student.
D. Additional criteria which may be considered in determining
residency for these purposes may include but are not limited to the
following:
1.
Criteria evidencing residency:
a.
If a person is subject to tax liability under Section 5747.02 of the
Revised Code;
b.
If a person qualifies to vote in
c.
If a person is eligible to receive
d.
If a person has an
2.
Criteria evidencing lack of residency:
a.
If a person is a resident of or intends to be a resident of another
state or nation for the purposes of tax liability, voting, receipt of public
assistance, or student loan benefits (if the student qualified for that loan
program by being a resident of that state or nation);
b.
If a person is a resident or intends to be a resident of another state
or nation for any purpose other than tax liability, voting, or
receipt of public assistance
(see paragraph (D)(2)(a) of this rule).
3.
For the purpose of determining residency for tuition surcharge purposes
at
E. Exceptions to the General Rule of Residency for Subsidy and Tuition
Surcharge Purposes
1.
A person who is living and is gainfully employed on a full-time or
part-time and self-sustaining basis in
part-time program of
instruction at an institution of higher education shall be considered a resident
of
2.
A person who enters and currently remains upon active duty status in
the
all other legal purposes and
his or her dependents shall be considered residents of
state of such person’s
domicile.
3.
A person on active duty status in the
shall be considered residents
of
4.
A person who is transferred by his employer beyond the territorial
limits of the fifty states of the
these purposes as long as
to the State of
5.
A person who has been employed as a migrant worker in the State of
these purposes provided such
a person has worked in
enrollment.
6.
A person who was considered a resident under this rule at the time the
person started a community service position as defined under this rule, and his
or her spouse and dependents, shall be considered residents of
7.
A person who returns to the state of Ohio due to marital hardship,
takes or has taken legal steps to end a marriage, and reestablishes financial
dependence upon a parent or legal guardian (receives greater than 50% of his or
her support from the parent or legal guardian), and his or her dependents shall
be considered residents of Ohio.
8.
A person who is a member of the Ohio National Guard and who is
domiciled in
9.
A person who is eligible, or whose benefits have been exhausted or have
expired, for benefits under the Post 9/11 Veterans Educational Assistance Act
of 2008 or any prior federal act establishing veteran’s educational benefits,
who has been honorably discharged or released from service, who, as of the
first day of a term of enrollment, is domiciled in Ohio and during the first
twelve months of domicile in this state immediately preceding enrollment
completed an approved community service position or during the course of study
accepts a community service position approved by the Chancellor or participates
in an internship or cooperative education program established by the Chancellor
or the college or university to which the person has been accepted, and his or
her spouse and dependents, shall be considered residents of Ohio for these
purposes as long as Ohio remains the state of such person’s domicile.
F. Procedures
1. A
dependent person classified as a resident of
enrolled in an institution of
higher education when his or her parents or legal guardian remove their
residency from the State of
shall continue to be considered a
resident during continuous full-time enrollment and until his or her completion
of any one academic
degree program.
2. In
considering residency, removal of the student or the student’s parents or legal
guardian from
twelve months following such
removal, constitute relinquishment of
C(1) or C(2) of this rule.
3. For
students who qualify for residency status under paragraph C(3) of this rule,
residency status is lost immediately if the employed
person upon whom resident student
status was based accepts employment and establishes domicile outside
after accepting employment and establishing
domicile in
4. Any
person once classified as a non-resident, upon the completion of twelve
consecutive months of residency, must apply to the institution
he or she attends for reclassification as a resident of
as a resident. Should such person present clear and
convincing proof that no part of his or her financial support is or in the
preceding
twelve consecutive months has been
provided directly or indirectly by persons or entities who are not residents of
legal purposes, such person shall
be reclassified as a resident.
Evidentiary determinations under
this rule shall be made by the institution which may require, among other
things, the submission of documentation regarding the sources of a
student’s actual financial support.
5. Any
reclassification of a person who was once classified as a non-resident for
these purposes shall have prospective application only
from the date of such
reclassification.
6. Any
institution of higher education charged with reporting student enrollment to
the Ohio Board of Regents for state subsidy
purposes and assessing the tuition
surcharge shall provide individual students with a fair and adequate
opportunity to present proof of
his or her
documentary evidence which it may
deem necessary to a full and complete determination under this rule.
Proof
of residency may be presented in a Request for Resident Classification to the
Office of the University Registrar. To
obtain a Request for Resident Classification, write, call, or visit:
Office of the University Registrar 320
For more residency information including Ohio State's residency guidelines and exceptions, please click here(pdf format).
For the official Ohio State residency website, please click here.
Revised September 9, 2008
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