STUDENT ACHIEVEMENT COUNCIL

This chapter is promulgated pursuant to RCW 28B.15.015 by the ((board)) council to establish the necessary regulations for the administration of residency status in higher education. Institutions shall apply the provisions of the regulations specified in chapter 250-18 WAC for the uniform determination of a student's resident and nonresident status and for recovery of fees for improper classification of residency.

(1) The term "institution" shall mean a public university, college, or community or technical college within the state of Washington.

(2) The term "domicile" shall denote a person's true, fixed, and permanent home and place of habitation ((for other than educational purposes)). It is the place where ((he or she)) the person intends to remain, and to which ((he or she)) the person expects to return when ((he or she)) the person leaves without intending to establish a new domicile elsewhere.

(3) The term "reside" shall mean the maintenance and occupancy of a primary residence in the state of Washington.

(4) The term "financially independent" shall be determined according to WAC 250-18-035.

(5) The term "financially dependent" shall mean a person who is not financially independent.

(6) The term "resident" for tuition and fee purposes shall be determined according to WAC 250-18-020.

(7) The term "nonresident" for tuition and fee purposes shall be determined according to WAC 250-18-020.

(8) The term "recovery of fees" shall apply to the amounts due to the institution or the student as a result of improper classification.

(9) The term "civil service" shall mean Washington state or federal government nonmilitary employment.

(1) For a student to be classified as a "resident" for tuition and fee purposes, ((he or she)) the student must prove by evidence of a sufficient quantity and quality to satisfy the institution that ((he or she)) the student:

(a)(((i) Has established)) Is financially independent and has maintained a bona fide domicile in the state of Washington primarily for purposes other than educational for ((the period of one year)) at least one year immediately prior to commencement of the first day of the semester or quarter for which ((he or she)) the student has registered at any institution; ((and

(ii) Is financially independent;)) or

(b) Is ((a)) financially dependent ((student, one or both of whose parents or legal guardians have)) with at least one parent or legal guardian who has maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the first day of the semester or quarter for which the student has registered at any institution ((provided that any student who has)); or

(d) Has spent at least seventy-five percent of both ((his or her)) junior and senior years in high school in this state, ((whose)) who has at least one parent((s)) or legal guardian((s have)) who had been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who has enrolled in ((a public institution of higher education)) an institution within six months of leaving high school((, shall be considered a resident only for as long as)). The student shall retain resident student status so long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; or

(((c) Is a person who has completed)) (e) Has met all of the following:

(A) Completed the full senior year of high school and obtained a high school diploma(( - both)) at a Washington public high school or a Washington private high school approved under chapter 28A.195 RCW (((or who has received the equivalent of a diploma). The person must have lived in Washington at least three years immediately prior to receiving the diploma (or its equivalent), and lived continuously in Washington state after receiving the diploma (or its equivalent) until the time of admittance to an institution of higher education (defined as a public university, college, or community college within the state of Washington). In addition, the person must provide an affidavit to the institution indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so. Furthermore, the individual must indicate a willingness to engage in other activities necessary to acquire citizenship, including, but not limited to, citizenship or civics review courses; or

(g) Is on active military duty stationed in the state((, or who)) of Washington or is a member of the Washington national guard((; or

(e))) (Washington national guard member does not need to be on "active duty" status in order to qualify); or

(j) Is the spouse or dependent of ((an active duty military person)) a person on active military duty stationed in the state of Washington. If the person on active military duty is reassigned out-of-state, the student shall retain resident student status so long as the student is continuously enrolled in a degree program; or

(((f) Is a student who resides in)) (k) Resides in the state of Washington and is the spouse or dependent of a member of the Washington national guard; or

(q) Is attending ((a Washington state institution of higher education)) an institution pursuant to a home tuition ((program)) agreement with an out-of-state institution of higher education under RCW 28B.15.725; or

(((h) Is a student)) (r)(i) Was domiciled for one year immediately prior to enrollment at an institution in one or a combination of the following states: Idaho, Montana, Oregon, or Washington((, and is)); and

(ii) Is a member of a federally recognized tribe whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington. (The official list of federally recognized Washington tribes maintained by the governor's office of Indian affairs shall be used to determine eligibility((.

(i) Is a student who is)) and will be made available by the council); or

(s) Is a resident of Oregon residing in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county((. The student must meet)); and who meets one of the following ((conditions)):

(i) Is eligible to pay Oregon resident tuition rates under Oregon laws and has been domiciled in one or more of the designated Oregon counties for at least ninety days immediately prior to enrollment at ((a community college located in the following Washington counties: Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, or Walla Walla)) Clark College, Columbia Basin College, Grays Harbor College, Lower Columbia College, and Walla Walla Community College; or

(ii) Is ((a student)) enrolled for eight credits or less at the Tri-Cities branch or Vancouver branch of Washington State University((.)); or

(2) A student shall be classified as a "nonresident" for tuition and fee purposes if ((he or she)) the student does not qualify as a resident student under the provisions of subsection (1) of this section. A nonresident student shall include a student ((if he or she:

(b))) who:

(a) Attends an institution with financial assistance provided by another state or governmental unit or agency thereof wherein residency in that state is a continuing qualification for such financial assistance((, such nonresidency continuing for one year after the completion of the quarter or semester for which financial assistance is provided)). Such financial assistance relates to that which is provided by another state, governmental unit or agency thereof for direct or indirect educational purposes and does not include retirements, pensions, or other noneducational related income. A student loan guaranteed by another state or governmental unit or agency thereof on the basis of eligibility as a resident of that state is included within the term "financial assistance((;"

(b) Is not a citizen of the United States of America, unless such person ((holds)) meets one of the following:

(i) Holds permanent or temporary resident immigration status, "refugee - parolee((," or))" status, "conditional entrant" status ((or is not)), refugee status, asylee status, temporary protected status, withholding of removal status, or is otherwise permanently residing in the United States under color of law and further meets and complies with all applicable requirements of WAC 250-18-030 and 250-18-035; or

(ii) Fulfills the requirements outlined in subsection (1)(e) of this section.

(3) The one year waiting period for establishing domicile for individuals who are excepted from the definition of nonresident student pursuant to subsection (2)(b)(i) of this section starts on the date of application for said status provided that the individual further meets and complies with all applicable requirements of WAC 250-18-030 and 250-18-035 on that date.

(4) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington.

(((4))) (5) Any ((resident)) financially dependent resident student who remains in this state when such student's parents or legal guardians, having theretofore been domiciled in this state for a period of at least one year immediately prior to commencement of the first day of the semester or quarter for which the student has registered at any institution, move from this state, shall ((be entitled to continued classification as a)) retain resident student status so long as such student is continuously enrolled during the academic year.

(1) After a student has registered at any institution ((as a nonresident)), such student's residency classification shall remain unchanged in the absence of evidence of a sufficient quantity and quality to satisfy the institution to the contrary. The provision of such evidence to the contrary may be initiated by the student or the institution.

(2) Application for a change in classification shall be accepted up to the thirtieth calendar day following the first day of the instruction of the quarter or semester for which application is made. Applications made after that date in any quarter or semester shall be considered to have been filed as of the first day of the subsequent quarter or semester.

(3) Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution.

(4) Approval of an application for resident status shall be made only after satisfaction ((that the requirements of domicile and independency or dependency have been made in compliance with)) that the requirements outlined in RCW 28B.15.012 and WAC 250-18-020, 250-18-030, and 250-18-035 have been met. Reclassification from nonresident to resident status preliminarily approved sixty days or more prior to the satisfaction of a one-year durational domicile shall be supplemented with additional documented proof of domicile if deemed necessary by the institution prior to final approval.

The domicile of any person shall be determined according to the individual's overall situation and circumstances and is not determined on the basis of a single factor; nor is a predetermined number of factors required. Institutions shall require evidence of a Washington domicile that is of sufficient quantity and quality to negate the existence of a domicile in a state other than Washington.

A nonresident student who is enrolled for more than six hours per semester or quarter shall be presumed to be in the state of Washington for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that ((he or she)) the student has, in fact, established a bona fide domicile in this state primarily for purposes other than educational. The burden of proof that a person has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

To aid the institutions in determining whether a ((student, parent, legally appointed guardian, or the person having legal custody of a student)) person has established a bona fide domicile in the state of Washington primarily for purposes other than educational, ((the following)) factors such as those listed in subsections (1) through (14) of this section are to be considered ((for both the individual and his or her spouse)). The weight assigned to any given factor should depend on the ease with which it might be established and the degree to which it demonstrates commitment to domicile as a matter of common sense and as part of the individual's overall circumstances. Factors include, but are not limited to:

(1) Location and duration of registration or payment of taxes or fees on any motor vehicle, mobile home, travel trailer, boat, or any other item or personal property owned or used by the person;

(2) State and duration of any driver's license for the previous one year;

(3) Location and duration of any continuous full-time employment of the previous one year;

(4) Address and other pertinent facts listed on a true and correct copy of federal and state income tax returns for the calendar year prior to the year in which application is made;

(5) Location and duration of any voter registration for the previous one year;

(6) Location and duration of primary residence, evidenced by title, lease agreement, or monthly rental receipts for the previous one year;

(7) Residence status in all secondary and postsecondary schools attended outside the state of Washington;

(8) Location and duration of any checking accounts, savings accounts, and/or safety deposit boxes for the previous one year;

(9) Address listed on selective service registration;

(10) Location of membership in professional, business, civic or other organizations;

(11) Receipt of benefits under a public assistance program((s));

(12) State claimed as residence for obtaining eligibility to hold a public office or for judicial actions;

(13) State claimed as residence for obtaining state hunting or fishing licenses;

(14) State in which a custodial parent or legal guardian has a child attending public schools.

(1) A ((person)) student is financially independent if ((he or she)) the student:

(a) Has not been claimed as a dependent exemption on an income tax return for the calendar year prior to the year in which the student enrolls at an institution and will not be claimed as ((an exemption)) a dependent exemption on an income tax return for the calendar year in which the student enrolls at an institution; and

(b) Has not received and will not receive significant financial assistance in any form directly or indirectly from ((his or her)) the student's parents, relatives, legal guardians, or others for the ((current calendar year and for the calendar year immediately prior to the year in which application is made)) twelve months immediately prior to and the twelve months immediately after commencement of the first day of the semester or quarter for which the student has registered at any institution.

(((1))) (2) To consider a claim that a ((person)) student is financially independent, the institution may require such documentation as deemed necessary((,)) including, but not limited to, the following:

(a) ((That individual's)) The student's sworn statement.

(b) A true and correct copy of the state and federal income tax returns of the ((person)) student for the calendar year ((immediately)) prior to the year in which ((application is made)) the student enrolls at an institution.

Should a ((person)) student not have filed a state or federal income tax return because of minimal or no taxable income, documented information concerning the receipt of such nontaxable income may be submitted.

(c) A true and correct copy of the ((person's)) student's W-2 forms filed for the ((previous)) calendar year prior to the year in which the student enrolls at an institution.

(d) Other documented financial resources, which may include but are not limited to the sale of personal or real property, inheritance, trust funds, state or financial assistance, gifts, loans, or statement of earnings of ((the spouse of a married student)) the student's spouse.

(e) A true and correct copy of the first and signature page of the state and federal tax returns of at least one of the student's parents((, legally appointed)) or legal guardians((, or person or persons having legal custody of the student for the calendar year immediately prior to the year in which application is made)) for the calendar year prior to the year in which the student enrolls at an institution.

The ((extent of the)) tax returns disclosure ((required concerning the parent's or legal guardian's state and federal tax returns)) shall be limited to the listing of dependent((s claimed)) exemptions and the signature of the taxpayer and shall not require disclosure of financial information contained in the returns.

(f) A student whose parents are ((both)) deceased or who has been made an official ward of the court may be required to provide documentation attesting to the fact of such circumstances.

(g) Evidence of coverage for medical, life, automobile, and property insurance.

(((2))) (3) To aid institutions in determining the financial independence of a student whose parents((, legally appointed guardian, or person having legal custody of the student)) or legal guardians do not provide the documentation because of total separation or other reasons from the student, documentation clearly stating the student's status and relationship with ((his or her)) the student's parents or legal guardians from a responsible third person, e.g., family physician, lawyer, or social worker may be submitted.

(((3))) (4) To be considered financially independent, a student must demonstrate by evidence satisfactory to the institution that ((he or she)) the student has met, through ((his or her)) the student's income, the expenses associated with college tuition and living for the ((current calendar year and the calendar year immediately prior to the year in which application is made. Personal loans, PLUS loans (parent loan for undergraduate students), gifts, and cash earnings shall not be counted as income in this calculation)) twelve months immediately prior to and the twelve months immediately after commencement of the first day of the semester or quarter for which the student has registered at any institution. Financial aid grants, scholarships and loans authorized by the financial aid office in the student's name may be considered as personal income. Personal loans, parent PLUS loans, gifts, and cash earnings shall not be counted as income in this calculation.

(((4))) (5) A trust or other account available to the student shall be considered evidence of financial dependence. If the account was created before the student entered high school, there shall be a rebuttable presumption of dependence.

(((5))) (6) Information submitted by the student to the institution on the financial aid form may be used to affirm the authenticity of information submitted on an application.

(((6))) (7) In all cases, the burden of proof that a student is financially independent lies with the student.

To aid the institutions in the determination of accuracy of statements made by a student, institutions shall require that a student affirm the authenticity of all information and supporting documentation provided by ((his or her)) the student's signature thereon.

If erroneous, untrue, or incorrect information submitted results in an improper classification of resident or nonresident status, or if a final determination is reversed through ((the appeals process)) a subsequent appeal, institutions shall recover from the student or refund to the student, as the case may be, an amount equal to the total difference in tuition and fees had the proper classification been made.

In accordance with RCW 28B.15.014, certain nonresidents may be exempted from paying the nonresident tuition and fee differential. Exemption from the nonresident tuition and fee differential shall apply only during the term(s) such persons shall hold such appointments or classifications, or be so employed. To be eligible for such an exemption, a nonresident student must provide documented evidence that ((he or she does reside in the state of Washington, and)) the student meets any of the following:

(1) Resides in the state of Washington and holds a graduate service appointment, designated as such by an institution, involving not less than twenty hours per week;

(2) Resides in Washington and is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week;

(3) Is a faculty member, classified staff member, or administratively exempt employee who resides in the state of Washington and is holding not less than a half-time appointment at an institution, or the spouse or dependent child of such a person;

(4) Is an immigrant having refugee classification ((from the U.S. Immigration and Naturalization Service)) granted by the U.S. Citizenship and Immigration Services or the spouse or dependent child of such refugee, if the refugee meets any of the following:

(a) Is on parole status((, or));

(b) Has received an immigrant visa((,)); or

(c) Has applied for United States citizenship; or

(5) Is a dependent of a member of the United States Congress representing the state of Washington.