GUIDELINES FOR CLASSIFICATION OF STUDENTS FOR FEE PAYING PURPOSES
(Please read Guidelines carefully before completing Application for Residency Classification.)
PARAGRAPH 1. INTENT. It is the intent that the public institutions of higher education in the State of
Tennessee shall apply uniform rules, as described in these regulations and not otherwise,
in determining whether students shall be classified "in-state" or "out-of-state" for
fees and tuition purposes and for admission purposes.
PARAGRAPH 2. DEFINITIONS. Wherever used in these regulations:
- "Public higher educational institution" shall mean a university or community college
supported by appropriations made by the Legislature of this State.
- "Residence" shall mean continuous physical presence and maintenance of a dwelling
place within this State, provided that absence from the State for short periods of
time shall not affect the establishment of a residence.
- "Domicile" shall mean a person's true, fixed, and permanent home and place of habitation;
it is the place where he or she intends to remain, and to which he or she expects
to return when he or she leaves without intending to establish a new domicile elsewhere.
- "Emancipated person" shall mean a person who has attained the age of eighteen years,
and whose parents have entirely surrendered the right to the care, custody, and earnings
of such person and who no longer are under any legal obligation to support or maintain
such deemed "emancipated person."
- "Parent" shall mean a person's father or mother. If there is a non-parental guardian
or legal custodian of an unemancipated person, then "parent" shall mean such guardian
or legal custodian; provided, that there are not circumstances indicating that such
guardianship or custodianship was created primarily for the purpose of conferring
the status of an in-state student on such unemancipated person.
- "Continuous enrollment" shall mean enrollment at a public higher educational institution
or institution of this State as a full-time student, as such term is defined by the
governing body of said public higher educational institution or institutions, for
a normal academic year or years or the appropriate portion or portions thereof since
the beginning of the period for which continuous enrollment is claimed. Such person
need not enroll in summer sessions or other such inter-sessions beyond the normal
academic year in order that his or her enrollment be deemed "continuous." Enrollment
shall be deemed continuous notwithstanding lapses in enrollment occasioned solely
by the schedule of the commencement and/or termination of the academic years, or appropriate
portion thereof, of the public higher educational institutions in which such person
PARAGRAPH 3. RULES FOR DETERMINATION OF STATUS
- Every person having his or her domicile in this State shall be classified "in-state"
for fee and tuition purposes and for admission purposes.
- Every person not having his or her domicile in this State shall be classified "out-of-state"
for said purposes.
- The domicile of an unemancipated person is that of his or her parent. Unemancipated
students of divorced parents shall be classified as "in-state" when one parent, regardless
of custodial status, is domiciled in Tennessee.
- The spouse of a student classified as "in-state" shall also be classified as "in-state".
PARAGRAPH 4. OUT-OF-STATE STUDENTS WHO ARE NOT REQUIRED TO PAY OUT-OF-STATE TUITION
- An unemancipated, currently enrolled student shall be reclassified out-of-state should
his or her parent, having theretofore been domiciled in the State, remove from the
State. However, such student shall not be required to pay out-of-state tuition nor
be treated as an out-of-state student for admission purposes so long as his or her
enrollment at a public higher educational institution or institutions shall be continuous.
- An unemancipated person whose parent is not domiciled in this State but is a member
of the armed forces and stationed in this State or at Fort Campbell pursuant to military
orders shall be classified out-of-state but shall not be required to pay out-of-state
tuition. Such a person, while in continuous attendance toward the degree for which
he or she is currently enrolled, shall not be required to pay out-of-state tuition
if his or her parent thereafter is transferred on military orders.
- A person whose domicile is in a county or another state lying immediately adjacent
to Montgomery County, or whose place of residence is within thirty (30) miles of Austin
Peay State University shall be classified out-of-state but shall not be required to
pay out-of-state tuition at Austin Peay State University. Provided, however, that
there be no teacher college or normal school within the non-resident's own state,
of equal distance to said non-resident's bona fide place of residence.
- A person whose domicile is in Mississippi County, Arkansas, or either Dunklin County
or Pemiscot County, Missouri, and who is admitted to Dyersburg State Community College,
shall not be required to pay out-of-state tuition.
- A person, who is not domiciled in Tennessee, but has a bona fide place of residence
in a county which is adjacent to the Tennessee state line and which is also within
a 30-mile radius (as determined by Tennessee Higher Education Commission (THEC)) of
a city containing a two-year Tennessee Board of Regents institution, shall be classified
out-of-state, but admitted without tuition. The two-year institution may admit only
up to three percent (3%) of the full-time equivalent attendance of the institution
with tuition. (THEC may adjust the number of the non-residents admitted pursuant to
this section every three years.) (See T.C.A. 49-8-102).
- Part-time students who are not domiciled in this State but who are employed full-time
in the State, or who are stationed at Fort Campbell pursuant to military orders, shall
be classified as out-of-state but shall not be required to pay out-of-state tuition.
- Military personnel and their spouses stationed in the State of Tennessee who would
be classified out-of-state in accordance with other provisions of these regulations
will be classified out-of-state but shall not be required to pay out-of-state tuition.
This provision shall not apply to military personnel and their spouses who are stationed
in this State primarily for educational purposes.
- Dependent children who qualify and are selected to receive a scholarship under the
Dependent Children Scholarship Act (T.C.A. 49-4-704) because their parent is a law
enforcement officer, fireman, or emergency medical service technician who was killed
or totally and permanently disabled while performing duties within the scope of their
employment shall not be required to pay out-of-state tuition.
- Students who are selected to participate in the institutions' Honors Programs.
- Active-duty military personnel who begin working on a college degree at a TBR institution
while stationed in Tennessee or at Fort Campbell, Kentucky, and who are transferred
or deployed prior to completing their degrees, can continue to completion of the degrees
at that same institution without being required to pay out-of-state tuition, as long
as he/she completes at least one (1) course for credit each twelve (12) month period
after the transfer or deployment. Exceptions may be made in cases where the service
member is deployed to an area of armed conflict for periods exceeding twelve (12)
- Students who participate in a study abroad program, when the course/courses in the
study abroad program is/are the only course/courses for which the student is registered
during that term, shall not be required to pay out-of-state tuition.
- Student who are awarded tuition waiver scholarships for participation in bona fide campus performance-based programs, according to established guidelines, shall not
be required to pay out-of-state tuition.
PARAGRAPH 5. PRESUMPTION. Unless the contrary appears from clear and convincing evidence, it shall be presumed
that an emancipated person does not acquire domicile in this State while enrolled as a full-time student at any public or private higher educational institution in this State, as such status is defined by such institution.
PARAGRAPH 6. EVIDENCE TO BE CONSIDERED FOR ESTABLISHMENT OF DOMICILE. If a person asserts that he or she has established domicile in this State, he or
she has the burden of proving that he or she has done so. Such a person is entitled
to provide to the public higher educational institution by which he or she seeks to
be classified or reclassified in-state, any and all evidence which he or she believes
will sustain his or her burden of proof. Said institution will consider any and all
evidence provided to it concerning such claim of domicile but will not treat any particular
type or item of such evidence as conclusive evidence that domicile has or has not
PARAGRAPH 7. APPEAL. The classification officer of each public higher educational institution shall be
responsible for initially classifying students "in-state" or "out-of-state". Appropriate
procedures shall be established by each such institution by which a student may appeal
his or her initial classification.
PARAGRAPH 8. EFFECTIVE DATE FOR RECLASSIFICATION. If a student classified out-of-state applies for in-state classification and is subsequently
so classified, his or her in-state classification shall be effective as of the date
on which reclassification was sought. However, out-of-state tuition will be charged
for any quarter or semester during which reclassification is sought and obtained unless
application for reclassification is made to the admissions officer on or before the
last day or registration of that quarter or semester.
PARAGRAPH 9. EFFECTIVE DATE. These regulations supersede all regulations concerning classification of persons
for fees and tuition and admission purposes previously adopted by the State Board
of Regents, and having been approved by the Governor, become effective July 1, 1983,
or upon their becoming effective pursuant to the provision of T.C.A. Section 4-5-101
et seq. as amended.
The University of Memphis is one of 46 institutions in the Tennessee Board of Regents
system, the seventh largest system of higher education in the nation. The Tennessee
Board of Regents is the governing board for this system which comprises six universities,
14 community colleges, and 26 area technology centers. The TBR system enrolls more
than 80 percent of all Tennessee students attending public institutions of higher
The University of Memphis offers equal educational opportunity to all persons without
regard to race, religion, sex, creed, color, national origin or disability. The University
does not discriminate on these bases in recruitment and admission of students or in
the operation of any of its programs and activities, as specified by federal laws
and regulations. The designated coordinators for University compliance with section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
are the Vice President for Student Affairs and the Equal Employment Compliance Officer.
The University of Memphis is an Equal Opportunity/Affirmative Action University. It
is committed to education of a non-racially identifiable student body.