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Criteria for Ohio Residency
Students who are nonresidents of Ohio must pay a nonresident fee in addition to other fees and charges. The following Ohio Administrative Code Residency Rule 3333-1-10 determines who can be considered an Ohio resident and cites specific exceptions to the general rules. The rule reads as follows:
Ohio Administrative Code 3333-1-10.
Ohio Student Residency For State Subsidy And Tuition Surcharge Purposes
- Intent and authority
- 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 Ohio primarily for the purpose of receiving
the benefit of a state-supported education.
- 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.
- Definitions
For purposes of this rule:
- "Resident" shall mean any person who maintains a twelve-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 or allowed himself
or herself to remain a resident of any other state or nation for any of these
or other purposes.
- "Financial support" as used in this rule, shall not include grants, scholarships
and awards from persons or entities which are not related to the recipient.
- 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
which receive direct subsidy from the state of Ohio.
- "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 purpose of this rule, only one domicile
may be maintained at a given time.
- "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.
- "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.
- "Community Service Position" shall mean a position volunteering or working
for:
- VISTA, Americorps, city year, the peace corps, or any similar program as
determined by the Ohio board of regents; or
- An elected or appointed public official for a period of time not exceeding
twenty-four consecutive months.
-
Residency for subsidy and tuition surcharge purposes
The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:
- A student whose spouse, or a dependent student, at least one of whose parents
or legal guardian, has been a resident of the state of Ohio for all other legal
purposes for twelve consecutive months or more immediately preceding the enrollment
of such student in an institution of higher education.
- A person who has been a resident of Ohio for the purpose of this rule for
at least twelve 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 twelve consecutive months,
financial support from persons or entities who are not residents of Ohio for
all other legal purposes.
- 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 Ohio for reasons other
than gaining the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall include both of the following documents:
- 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 Ohio.
- 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 letter from the owner of the residence
certifying that the parent, legal guardian or spouse resides at that residence.
-
Additional criteria which may be considered in determining residency may include
but are not limited to the following:
- Criteria evidencing residency:
- If a person is subject to tax liability under section 5747.02 of the Revised
Code;
- If a person qualifies to vote in Ohio;
- If a person is eligible to receive Ohio public assistance;
- If a person has an Ohio's driver's license and/or motor vehicle registration.
- Criteria evidencing lack of residency
- If a person is a resident of or intends to be a resident of another state
or nation for the purpose 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);
- 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).
- For the purpose of determining residency for tuition surcharge purposes
at Ohio's state-assisted colleges and universities, an individual's immigration
status will not preclude an individual from obtaining resident status if that
individual has the current legal status to remain permanently in the United
States.
-
Exceptions to the general rule of residency for subsidy and tuition surcharge
purposes:
- A person who is living and is gainfully employed on a full-time or part-time
and self-sustaining basis in Ohio and who is pursuing a part-time program of
instruction at an institution of higher education shall be considered a resident
of Ohio for these purposes.
- A person who enters and currently remains upon active duty status in the
United States military service while a resident of Ohio for all other legal
purposes and his or her dependents shall be considered residents of Ohio for
these purposes as long as Ohio remains the state of such person's domicile.
- A person on active duty status in the United States military service who
is stationed and resides in Ohio and his or her dependents shall be considered
residents of Ohio for these purposes.
- A person who is transferred by his employer beyond the territorial limits
of the fifty states of the United States and the District of Columbia while
a resident of Ohio for all other legal purposes and his or her dependents shall
be considered residents of Ohio for these purposes as long as Ohio remains
the state of such person's domicile as long as such person has fulfilled his
or her tax liability to the state of Ohio for at least the tax year preceding
enrollment.
- A person who has been employed as a migrant worker in the state of Ohio
and his or her dependents shall be considered a resident for these purposes
provided such person has worked in Ohio at least four months during each of
the three years preceding the proposed enrollment.
- 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 a residents of Ohio while
in service and upon completion of service in the community service position.
- 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 fifty percent of his
or her support from the parent or legal guardian), and his or her dependents
shall be considered residents of Ohio.
- A person who is a member of the Ohio National Guard and who is domiciled
in Ohio, and his or her spouse and dependents, shall be considered residents
of Ohio while the person is in Ohio National Guard service.
-
Procedures
- A dependent person classified as a resident of Ohio for these purposes
under the provisions of paragraph (C)(1) of this rule and who is enrolled in
an institution of higher education when his or her parents or legal guardian
removes their residency from the state of Ohio shall continue to be considered
a resident during continuous full-time enrollment and until his or her completion
of any one academic degree program.
- In considering residency, removal of the student or the student's parents
or legal guardian from Ohio shall not, during a period of twelve months following
such removal, constitute relinquishment of Ohio residency status otherwise
established under paragraph (C)(1) or (C)(2) of this rule.
- 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 Ohio less than twelve months after accepting employment and establishing
domicile in Ohio.
- Any person once classified as a nonresident, upon the completion of twelve
consecutive months of residency, must apply to the institution he or she attends
for reclassification as a resident of Ohio for these purposes if such person
in fact wants to be reclassified 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 Ohio for all other
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.
- Any reclassification of a person who was once classified as a nonresident
for these purposes shall have prospective application only from the date of
such reclassification.
- 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 Ohio residency for purposes of this rule. Such
an institution may require the submission of affidavits and other documentary
evidence which it may deem necessary to a full and complete determination under
this rule.
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HISTORY: Eff 12-29-77; 2-2-85; 3-2-90; 10-3-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 3333.31, 3333.04
Rule amplifies: RC 3331.31, 5747.02
R.C. 119.032 review dates: 07/18/2003 and 10/03/2008
Senate Bill 53
Students who live in a contiguous state and who are employed in Ohio by a business,
organization or government agency located in Ohio, may qualify for in-state
tuition when the employer enters into a contract with Wright State University
(or any state institution of higher
education) to pay all of the student’s
tuition and fees directly to the institution without seeking reimbursement
from the student in any manner. Students who wish to apply for residency under
this
rule should complete the residency application and submit
an official letter from the employer verifying employment status and stating
intent to enter into such a contract with Wright
State University. Students who register for additional classes, which are not
included in the employer’s contract
with the university, will be charged out-of-state fees for those classes.
Indiana Reciprocity Agreement
On June 17, 2004, the Ohio Board of Regents approved a Tuition Reciprocity
Agreement with the Indiana Commission for Higher Education thereby waiving
Ohio out-of-state tuition charges for Indiana residents from selected counties.
Student who are residents of any of the following counties are encouraged to
apply
for in state tuition under the Tuition Reciprocity Agreement: Adams, Blackford,
Delaware, Fayette, Franklin, Henry, Hay, Randolph, Rush, Union, Wayne, or Wells.
Applications must be approved before the first day of the term.
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