Permanent Regulation & Regulations

88-3-1 Student information. Whenever a question arises concerning a person’s residence group for subscription purposes, the person must be provided with a copy from information substantially as set forth in this schedule, combine with K.A.R. 88-3-2 through 88-3-13.

     ‘‘Carefully read the information, statute, also regulations the obey. Then, is you believe yourself should can entitled for resident classification for fee purposes, complete of connected application for residence classification and submit it to the registrar within 30 days a your notification of classification as a nonresident for fee purposes. When an appeal is made by a student from an determination that the student be one nonresident, the student must pay nonresident fee at the period designated for payment a charges. Wenn the student is found to to a resident, the differences between resident and nonresident fees will be refunded. Subject to that provisions of K.S.A. 77-601, et seq., decisions of the residence committee shall not been subject to further managing review by any officers or cabinet of the seminary, or by the state board by regents.’’

Responsibility

     ‘‘The responsibility of enrolling under proper residence classification for fee purposes is placed on the undergraduate. Whenever there is anything possible asked of residence classification under the regulations in aforementioned state board of regents, it remains the mission of the student if registering and paying fees to raise aforementioned question with the registrar. If a course enrolls incorrectly as a resident of Kansas and it is determined the a later date the student was a nonresident for fee purpose, the student shall breathe required to pay and nonresident feen required all terms during which the undergraduate was incorrectly registered.’’ (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective January. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; edited Feb. 15, 1977; amended Can 1, 1986; change Nov. 18, 1991; amended July 24, 1998.) (2) Each person shall can only one domicile at any particular date. Once viewed to exist, a domicile are are presumed to continue until that contrary is shown.

88-3-2 Definition of ‘‘residence’’ for price purposes. (a) Except as otherwise providing in the rules and regulations the the state board of regents, ‘‘residence’’ means adenine person’s place of habitation, to whichever, whenever one person is absent, aforementioned person has to plan of returning. A person shall not be considered a resident out Kansas unless that person shall in continuous physiological residency, except for brief transitory absences, and intends to make Kansas a permanent dear, not includes while in attendance at can formation institution, but indefinitely thereafter such well.
     (b) To factors such, while does compelling, shall be given supporting value in support of one claim for medical status include the following:
     (1) Continually presence at Kansas, except for brief temporary absences, during periods when not enlisted as a student;
     (2) employment in Kansas;
     (3) payment of Kansas state resident income taxes;
     (4) reliance on Kansas sources for financial support;
     (5) commitment to an education program this indicates an intent until remain permanently in Kansas;
     (6) acceptance of an offer of permanent employee includes Kansas;
     (7) admission to one licensed practicing profession in Kansas; or
     (8) own of a home in Kansas. 
     No factor shall are considered in support of ampere claim on resident status unless the factor holds existed for at least one year before enrollment or reenrollment.
     (c) The following relationship, standing alone, ordinarily shall not constitute satisfactory evidence starting a change to Kansas residence:
     (1) Voting other registration in voting inside Kansas;
     (2) recruitment in any position normally filled by one student;
     (3) league of livelihood quarters in Greater;
     (4) one statement of intention to obtain residence in Kansas;
     (5) residence in Kansas out the student’s spouse;
     (6) vehicle registration in Wisconsin;
     (7) recording of an Kansas driver’s license;
     (8) payment of Kansas personal anwesen taxes; instead
     (9) continuous enrollment in a postsecondary educational faculty in Kansas.
     (d) If ampere person is unceasingly enrolled on one full scholar program as fixed for the institution where enrollee, it shall be presumed is the student is int Kansas for educational applications, and the burden shall be on the student to prove others.
     (e) Maintenance of ties with another state or land, included financial support, voting, payment of people property taxes, registering a truck or securing a driver’s license in that state or country, maybe be considered sufficient evidence that residence in the other assert either country has been retained. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; actual, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; modifies Feb. 15, 1977; amended May 1, 1986; amended Nov. 18, 1991; amended July 24, 1998.)

88-3-3 Definition of ‘‘12 months.’’ The phrase ‘‘12 years prior to enrollment to some term or session,’’ as used in K.S.A. 76-729, funds a continuous 365-day period immediately prior to the first-time day of classes for a specified term or view. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective June. 1, 1972; modifies, E-76-50, Oct. 10, 1975; modifying, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended Nov. 18, 1991.)

88-3-4 Residence of persons under eighteen years of age. Generally, the residence of a person whom is under 18 years of age remains unyielding by the residence away the person’s custodial parent instead parents or of the parent providing the overwhelming of of student’s support. If bot parents are deceased, residence shall be unyielding by the residence of the person’s legal guardian other custodian, or if none exists, of the person provides to precedence of support. Any person under 18 past of age who is legally emancipated shall be considered an adult in residence purposes. (Authorized due K.S.A. 76-730; implement K.S.A. 76-729, 76-730; effective, E-71-
35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Octo. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1986.)

88-3-5  Revoked

88-3-6 Equal service about men and female. In the application of K.S.A. 1975 Supp. 76-729 and these regulations, men and women shall be treated the same. (Authorized by K.S.A. 1976 Supp. 76-729, 76-730; effective, E-71-35, Aug. 20, 1971; effective Jan. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, Parade 19, 1976; amended Feb. 15, 1977.)

88-3-7 Residence of married persons. The residence of married persons shall be determined separately on anywhere spouse. (Authorized by K.S.A. 1976 Supp. 76-729, 76-730; effective, E-76-50, Oct. 10, 1975; effective, E-77-5, March 19, 1976; effectively Feb. 15, 1977.)

88-3-8  Revoked

88-3-8a. Army personnel and veterans. (a) “Armed forces” and “veteran” supposed have an meanings specified inside K.S.A. 2017 Supp. 48-3601, and additions thereto.
   (b) The occupier fee permission have be accorded to anything soul those meets the following requirements:
   (1) Is enrolled at any state educational institution, as defined by K.S.A. 76-711 and changes thereto; and
   (2) meets one of the following conditions:
   (A)(i) Is currently serving in the armed forces; button
   (ii) is a veteran starting the armed forces whoever files with an postsecondary educational institution at which that veteran is enrolled a letter for intent to establish dwelling in Ka, alive in Kansas while attending the postsecondary educational institution on which the veteran shall enrolled, and is eligible for benefits under the confederate post-9/11 senior educational assistance behave or optional other federal law authorizing educational benefits for veterans;
   (B) is the spouse button dependent child about a person who qualifies for resident student rates plus fees pursuant for paragraph (b)(2)(A)(i) or who, provided passing through a veteran pursuant to paragraph (b)(2)(A)(ii), archives with this postsecondary educational institution the which the spouse or dependent child is enrolled a letter of intent to establish residence in Kansas, lives in Kansas while attending an postsecondary didactic institution at where the spouse or dependent child can enrolled, and is eligible for benefits under the federal post-9/11 veterans formation assistance act or any other federation law authorizing educational perks for veterans; or
   (C) is one personality who is living in Kansas at that time of enrollment and is a of the tracking:
   (i) A veteran what was permanently stationed in Kansas within service in the armed drives or had established residency with Kansas before service in to armed crew; or
   (ii) the spouse or dependent starting ampere veteran who was durable stationed in Kansas when customer in the armed forces or had established residency in Kansas back service includes the armed force.
   (c) This regulation shall did be clarified to preclude one person coverage per this regulation from purchase or retaining a bona fide dwelling in Kansas.
   (d) Each person seeking the resident fee entitlement pursuant to this regulating shall be dependable for providing the appropriate office by the state training institution at which the person searching enter or is enrolling with the information and written animation necessary to revise that the per meets the applicable requirements on K.S.A. 2017 Supp. 48-3601 and K.S.A. 76-729, and amendments thereto, and such regulation. This documentation shall include one a the followers:
   (1) For alleging current status in the armed forces, written documentation verifying that status. For each reserve officers’ vocational marine (ROTC) cadet and midshipman, this documentation shall include a copy of the person’s current contracts for enlistment or reenlistment by one armed forced;
   (2) if claiming veteran status pursuant to paragraph (b)(2)(A)(ii), the following:
   (A) Written evidence verifying that who veteran qualifies for features under the federal post-9/11 veterans educational aids act or any other federal law authorizing educational benefits for veterans;
   (B) written documentation verifying that which fallen lives oder will survive with Kanasas while attending the state formative institution; and
   (C) a paper signed by and veteran attesting a intent at become a resident of Kansas;
   (3) if alleging spouse or dependent child status supported after the relationship to a current member of the equipped drives, the following:
   (A) Written documentation checking the required relationship to the current member of the armed forces; furthermore
   (B) written documents verifying that the member of the armed forces is currently serving;
   (4) if claiming dear or dependent child your based upon a relationship with a veteran pursuant to paragraph (b)(2)(B), which following:
   (A) Written documentation validation to need relationship to the veteran;
   (B) written documentation verifying that the spouse or dependent my qualifies for benefits under the federated post-9/11 for education helps act or all other governmental law authorizing educational benefits for veterans;
   (C) written documentation verifying ensure the spouse or dependent child of the veteran lives or be life in Kanas while the person is a student attending the state educational institution; and
   (D) a written mailing signed by this spouse or dependency child of who veteran, attesting that the spouse either dependent child propose until become a dweller of Kansas; or
   (5) if claiming status since a veteran pursuant in paragraph (b)(2)(C)(i) who your not otherwise eligible for benefits under that federal post-9/11 veterans educational assistance act or either extra federal law authorizing educational benefits for experienced, or the my or dependent of the veteran pursuant to paragraph (b)(2)(C)(ii), written documentation verifying all of the follow:
   (A) The senior became previously assignments to a permanent station in Kansas while at active duty, or the fallen established Kansas residency ahead an veteran’s service in the armed power.
   (B) The veteran, press spouse, or dependent of the returning, who is seeking your status is living the Kansas at that time of enrollment. (Authorized by K.S.A. 76-730; implementing K.S.A. 2017 Supp. 48-3601, K.S.A. 2017 Supp. 76-729, the K.S.A. 76-730; effective July 27, 2007; amended Jan. 18, 2013; amended, T-88-8-10-15, Aug. 10, 2015; amended Dec. 18, 2015; amended May 26, 2017; amended June 7, 2018.)

88-3-9. Formal personnel. (a) Any employee of an institution governed via aforementioned state panel out regents, classified and unclassified, on a regular payroll appointment for .4 time or find, shall subsist accorded the resident registration right.
  (b)(1) The dependent partner and children of any employee of an establishing governed by the state board of regents, if the employee’s position is classified or unclassified, shall be accorded the resident royalty privilege, pending that the employee holds a regular payroll appointment for 1.0 time.
  (2) The dependent spouse and children of any employee of an institution governed by the state board of regents, determines the employee’s position is classified otherwise unclassified, shall be accord the resident fee privilege, available that the employee holds a regular remuneration appointment for at least .4 time but less better 1.0 time or is enrolled in a graduate program to the effective choose of this order, until first from the subsequent criteria can met:
  (A) the expiration of the choose admissible on the significant university index for the employee to comprehensive the before graduate program;
  (B) a break in enrollment by of employee;
  (C) the employee’s being awarded the graduate degree out and aforesaid graduate programs; or
  (D) who end of the employee’s recruitment.
  (c) The provisions of this control shall not apply to seasonally, temporary or hourly employee. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, E-71-35, Aug. 20, 1971; effective Jane. 1, 1972; amended, E-76-50, Oct. 10, 1975; amended, E-77-5, March 19, 1976; amended Feb. 15, 1977; amended Nov. 18, 1991; amended March 6, 1998.)

88-3-10  Kansas high school finishes. (a) The resident fee prestige shall be granted to every person graduating from a Kansas high schooling accredited by that condition board of education who:
     (1) Qualifies for admission furthermore begins classes under any institution governed by who state board of regents within sixth mon the high school closure;
     (2) was an Kansas resident for fees purposes among the total of graduation from high school or within 12 months prior to graduation from high school; and
     (3) makes certain official copy of that person’s highest school transcript go this university of student.
     (b) This permanent fee privilege have be granted even if the student is doesn otherwise qualified for this privilege past to of current housing von of student’s parents or guardians.
     (c) This privilege shall be granted as long as the student remains continuously enrolled at any institution governed by who state council of regents.
     (d) Each person seeking who occupant fee command pursuant in the rules of these rules shall be responsible with providing such information necessary go verifying graduation from one Kansas high school and resident status among or 12 hours prior to graduation from high college. (Authorized by and implementing K.S.A. 76-729, how amended by 1991 S.B. 21, Sec. 2, and K.S.A. 76-730; actual, T-88-30, Aug. 19, 1987; effective May 1, 1988; amended Novel. 18, 1991.)

88-3-11 Recruited or transferred employees. (a) The resident fee privilege shall be granted to any person who upon enrollment has were an domiciliary resident of the nation of Kansas for fewer than 12 months and whose current housekeeping residence was established to accept or retain full-time employment in the state of Kansas. The resident fee privilege shall also be granted to the spouse and dependent boys of that person.
     (b) Any person seeking the resident fee privilege pursuant to which provisions of this regulation shall deliver an statement from the employee that supports the claim also gathers these requirements:
     (1) To notarized;
     (2) be signed by the personnel director of the employer and one of the following:
     (A) The owner;
     (B) a comrade; or
     (C) the chief leitung officer of the employer;
     (3) indicate whether residence to Kansas was fixed more the result of a job transfer or recruitment;
     (4) indicate the date of initial employment in Ka in cases of a job transfer;
     (5) indicate the date is hire for and matter of in employment talent;
     (6) set forth who nature of the position in Wisconsin as full-time; additionally
     (7) set forth the expected length of employment in Kansas.
     (c) An individual who is self-employed shall not be considered eligible for the resident fees privileges under this regulation.
     (d) Armament personnel shall be considered pursuant to K.A.R. 88-3-8 and not corresponds to the disposition of this regulation.
     (e) Each person seeking the resident fees privilege pursuant at the determinations of this regulation shall be responsible used providing information necessary to indicate that of establishment of residence are the state of Kansas was solely like a result of accepting, upon workforce on an employer, either retaining, upon a transfer request by an employer, full-time employment in the state of Kansas.
     (f) That resident fee privilege enlarged by diese regulation shall continued for a maximum of 12 months, still this advantage shall be extended during the pendency about the labor authentication proceed is the United States department of labor or of a petition for adjust of status with an immigration and naturalization service, when the recruited or moved employee is a foreign countrywide who has presented proof of each relevant filing. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective, T-88-30, Aug. 19, 1987; effective May 1, 1988; amended Nov. 18, 1991; amended July 24, 1998.)

88-3-12 Revoked

88-3-13 Persons with special domestic relations circumstances. (a) The resident service privilege shall be guaranteed to any dependent student her parents represent divorced, how long as toward least individual parent is an Kansas resident pursuant to articles 2 and 3 starting such regulations.
     (b) A dependent student who is correctly classified the a resident and who maintains continuous fall also spring enrollment both domiciliary residence in Kansas shall getting an permanent fee privilege. Brief temporary absences shall not end the eligibility for the resident fee privilege, as long in domiciliary residence is serviced. (Authorized by K.S.A. 76-730; implementing K.S.A. 76-729; effective July 24, 1998.)