1720-01-01-.04
Out-Of-State Students Who Are Not Required To Pay Out-Of-State
Cite as Tenn. Comp. R. & Regs. 1720-01-01-.04
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 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.
(3)
Part-time students who are not domiciled in this State but who are employed full-time in the
State 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.
(4)
A member of the U.S. Armed Forces on active duty for more than thirty (30) days and who
has a permanent duty station in the State of Tennessee (or the spouse or dependent child of
such a member) who should 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 continue to apply to such a member, spouse, or dependent child
while continuously enrolled at that public higher education institution, notwithstanding a
subsequent change in the permanent duty station of the member to a location outside the
State.
(5)
A person who is domiciled in the Kentucky counties of Fulton, Hickman, or Graves shall be
classified out-of-state and shall not be required to pay out-of-state tuition at The University of
Tennessee at Martin if qualified for admission. This exemption is on condition that Murray
State University in Murray, Kentucky, continues to admit Tennessee residents from selected
Tennessee counties to enroll at that institution without payment of out-of-state tuition.
(6)
Any dependent child not domiciled in Tennessee but 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 be classified out-of-state but shall not be required to pay out-
of-state tuition.
(7)
A veteran, or any individual entitled to the veteran’s educational benefits, enrolled in any
public 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 or the eligible individual:
(a)
Is eligible for post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and
(b)
Enrolls in a public institution of higher education, after satisfying all admission
requirements, within three (3) years 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.
CLASSIFYING STUDENTS IN-STATE AND OUT-OF-STATE
CHAPTER 1720-01-01
To continue to qualify for in-state tuition and fees after three (3) years have passed from 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, a veteran or eligible individual shall:
(a)
Maintain continuous enrollment (as defined by the public institution of higher education
in which the veteran is enrolled); and
(b)
Demonstrate objective evidence of established residency in this State by presenting at
least two (2) of the following:
1.
Register to vote in the State of Tennessee; or
2.
Demonstrate by objective evidence intent to be a resident of the State of
Tennessee by obtaining at least two (2) of the following:
(i)
Proof of voter registration in this State;
(ii)
A Tennessee driver license;
(iii)
A Tennessee motor vehicle registration;
(iv)
Proof of established employment in this State; or
(v)
Other documentation clearly evidencing domicile or residence in the state,
as determined by THEC.
(8)
Students not domiciled in Tennessee but who are selected to participate in institutional
undergraduate honors programs specified by the public higher education institution in which
the student is enrolled shall be classified out-of-state but shall not be required to pay out-of-
state tuition.
(9)
A “covered individual” under the federal Veterans Access, Choice, and Accountability Act of
2014, Public Law 113-146, who maintains continuous enrollment at the same public
institution of higher education.
(10) Any other person who is required to be classified as an in-state student for tuition purposes
by applicable federal law or regulation, or who is required or permitted to be classified as an
in-state student for tuition purposes by applicable state law or regulation.