Residency for HS Counselors Basics and Case Studies Fall, 2015

1.Unique requirements for higher education – not the same laws as governing the right to vote, etc.; not the same as FAFSA “residency” 2.Impacts the students’ ability to pay resident rather than non-resident tuition 3.Impacts a student’s eligibility to receive state financial aid (no impact on eligibility for federal financial aid) Residency for Higher Education

Why is Residency Important? For 30 semester credit hours in , the statewide average tuition and fee charges are: ResidentNonresidentDifference University$8,319$20,055+$11,736 Community Colleges$2,446$ 5,757+$ 3,311 Only residents can compete for TEXAS Grants, Texas Educational Opportunity Grants, Texas College Work-Study, and College Access Loans. The vast majority of Tuition Equalization Grant recipients are also Texas residents. 2

1.Texas residence for 36-month preceding HS graduation or receipt of the Texas GED (+12 months preceding enrollment in college) 2.Be the dependent of parent who established domicile in Texas and maintained it for at least 12 months 3.Be an independent person who established domicile in Texas and maintained it for at least 12 months 3 Paths to Residency – TX Education Code §§

Gainful employment (at least ½-time for 12 months) Ownership of residential real property for at least 12 months Ownership and management of a business for at least 12 months Marriage to person who established and maintained domicile in Texas for at least 12 months 4 Common Paths to Domicile

REQUIRED: Residency Core Questions (or ApplyTexas) Also REQUIRED if 36-month approach and not a US Citizen or Permanent Resident: Affidavit Other documents: up to the institution HS transcripts do not replace the core questions. 5 Documentation

A student is liable and may be denied access to his/her official transcript or required to repay the institution if he/she: Failed to give the institution updated information that he/she should have known would impact residency; or Intentionally mislead the institution with false information 6 Student Liability – TEC

Although common questions are used to gather the relevant information, student situations are subject to interpretation Only colleges can make residency decisions If a student disagrees with his/her classification, the student can appeal through the college A person classified as a nonresident can apply for reclassification if/when his/her situation changes 7 Residency is an Art, not a Science

Federal program for certain persons who entered the US without inspection or whose lawful status has expired Some students can receive SSNs Some students can receive work authorization Does not change a student’s claim to TX residency for higher education purposes Does not provide legal status8 Deferred Action for Childhood Arrivals (DACA)

Amanda attended high school in Texas during grades 8-10, but the family then moved out of state. Can her 36-month period in Texas make her eligible to be classified as a resident? 9 Case 1

Julie has lived in Texas all her life. She now wants to go to college. She graduated high school 15 years ago. Can she use the 36-month approach to establish residency? 10 Case 2

Anthony’s father is a Marine stationed in Texas. Their Home of Record is Indiana. Anthony will graduate this spring. Will he have to pay nonresident tuition if he enrolls in a Texas institution? 11 Case 3

Mark’s parents are divorced and share joint custody. His father lives in CO. The parents have joint custody. Can his mother, a resident of Texas, be Mark’s basis for residency? 12 Case 4

A student is undocumented and did not live in Texas while going to high school. Can he/she be admitted to college? If so, how would the college classify him/her? 13 Case 5

Angelina is a DACA (Deferred Action Childhood Arrival) student who wants to go to college. She has been given an SSN and she has worked in Texas for the past 13 months under a work authorization card. Is she a resident? 14 Case 6

Residency information online in College for All Texans: ; enter “residency” in search cell. It will provide you links to: Residency core questions; Residency rules; and The visa chart Remember, only colleges can make residency decisions. If a parent has questions, have him/her contact the admissions office of the school the child wants to attend. 15 Questions?