Section 0240-02-02-.04 - OUT-OF-STATE STUDENTS WHO ARE NOT REQUIRED TO PAY OUT-OF-STATE TUITION(1) 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.(2) An unemancipated person whose parent is not domiciled in this State but is a member of the armed forces and stationed in the 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 parent thereafter is transferred on military orders.(3) A person whose domicile is in a county of 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.(4) 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 out-of-state but shall not be required to pay out-of-state tuition. This shall apply to part-time students who are employed in the State by more than one employer, resulting in the equivalent of full-time employment. (5) Military personnel and their spouses stationed in the State of Tennessee who would 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.(6) Any dependent child who qualifies and is selected to receive a scholarship under the Dependent Children Scholarship Act (T.C.A. § 49-4-704) because his or her 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 employment, shall not be charged out-of state tuition.(7) Students who are selected to participate in the institutions' Honors programs. (8) A person whose domicile is in Mississippi County, Arkansas, or either Dunlin County or Pemiscot County, Missouri and who is admitted to Dyersburg State Community College, shall not be required to pay out-of-state tuition. (9) 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 THEC) of a city containing a two year TBR 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 without tuition. (THEC may adjust the number of the non-residents admitted pursuant to this section every three (3) years.) (See T.C.A. § 49-8-102) (10) 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 degrees at that same institution without being required to pay out-of-state tuition, as long as he or she completes at least one (1) course of 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) months. (11) Students who participate in a study-abroad program, when the course(s) in the study-abroad program is/are the only course(s) for which the student is registered during that term, shall not be required to pay out-of-state tuition. (12) Students 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. (13) A veteran enrolled in any Tennessee Board of Regents (TBR) institution of higher education in this state shall not be required to pay out-of-state tuition or any out-of-state fee, if the veteran: (a) Has not been dishonorably discharged from a branch of the United States armed forces or the National Guard; (b) Is eligible for Post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and (c) Enrolls in the TBR institution, after satisfying all admission requirements, within twenty-four (24) months after the date of discharge as reflected on the veteran's certificate of release or discharge from active duty, Form DD-214, or an equivalent document. (14) To continue to qualify for in-state tuition and fees under paragraph (13), a veteran shall: (a) Maintain continuous enrollment as defined by the TBR institution at which the veteran is enrolled; and (b) Within one (1) year of enrolling in the TBR institution: 1. Register to vote in this state; or 2. Demonstrate by objective evidence intent to be a resident of this state by obtaining at least two (2) of the following: (i) A Tennessee driver license; (ii) A Tennessee motor vehicle registration; (iii) Proof of established employment in the state; or (iv) Other documentation clearly evidencing domicile or residence in the state, as determined by the Tennessee Higher Education Commission. Tenn. Comp. R. & Regs. 0240-02-02-.04
Repeal of all rules by Public Chapter 261; effective July 1983. New rule filed April 28, 1983; effective July 13, 1983. Amendment filed July 29, 1986; effective October 29, 1986. Amendment filed July 29, 1988; effective October 29, 1988. Amendment filed February 8, 1989; effective May 29, 1989. Amendment filed August 7, 1995; effective December 29, 1995. Amendment filed August 11, 2004; effective December 29, 2004. Emergency rule filed August 4, 2014; effective through January 31, 2015. Amendments filed August 4, 2014; effective 11/1/2014.Authority: T.C.A. §§ 49-8-104 and 49-8-203 and Public Chapter No. 612, Tennessee Veterans Education Transition Support Act.