2.2 – State Residency Requirements

MnSCU Policy

Part 1. Purpose. Determination of the state of residency of students is necessary for a variety of federal and state reporting requirements, for institutional research purposes, and in some cases, determination of the tuition to be charged to individual students. This policy provides standards for the initial classification of students as state residents or non- residents,  determination of appropriate tuition charges, and the procedures to be followed in order to change the state residency status of students.

Part 2. Classification as State Residents. Students who meet one or more of the following conditions on the date they apply for admission to Lake Superior College shall be classified as residents of Minnesota.

A. Students who resided in the state for at least one calendar year immediately prior to applying for admission, or dependent students who have a parent or legal guardian residing in Minnesota on the date the students apply.

B. Minnesota residents who can demonstrate that they were temporarily absent from the state without establishing residency elsewhere.

C. Persons who moved to the state for employment purposes and, before moving and before applying for admission to Lake Superior College, accepted a full-time job in the state, or students who are spouses or dependents of such persons.

Part 3. Tuition. Students who are classified as Minnesota state residents shall be charged the resident tuition rate. Students who are residents of states with which the state of Minnesota has a reciprocity agreement shall be charged the appropriate reciprocity tuition rate. All other students shall be charged the non-resident tuition rate, unless they qualify under one of the exceptions provided in Part 4. below.

Part 4. Non-Resident Students Allowed to Pay the Resident Tuition Rate.

Subpart A.  Required Exceptions. Non-residents of Minnesota who meet one or more of the following conditions shall be charged the resident tuition rate.

1. Active Duty Military. U.S. military personnel serving on active duty assignment in Minnesota, veterans, and their spouses and dependent children.

2. Migrant Farmworkers. Students who have been in Minnesota as migrant farmworkers, as defined in the Code of Federal Regulations, title 20, section 633.104, over a period of at least two years immediately before admission or readmission to a Minnesota public postsecondary institution, or students who are dependents of such migrant farmworkers.

3. Minnesota High School Graduates. A student who graduated from a Minnesota high school, if the student was a resident of Minnesota during the student’s period of attendance at the Minnesota high school and the student physically attends a Minnesota State College or University.

4. Employment-related Relocation. Persons who were employed and were relocated to the state by the person’s current employer.

5. Refugees and Asylees. Students who are recognized as refugees or asylees by the Office of Refugee Resettlement of the United States Department of Health and Human Services.

6. International Students. Nonimmigrant international students classified under 8, U.S.C. 1101 (a) (15) (B), (F), (H), (J), and (M).

Part 5. Appeal of Initial Residency Classification. Lake Superior College policy and procedure shall provide a Petition of initial Residency of classification to the Director of Admissions. Petition decisions may be appealed to the Vice President of Student Services’ whose decision shall be final. A student whose appeal is successful shall be charged the resident tuition rate retroactive to the beginning of the first term of enrollment.

Part 6. Change of Residency Status. Under certain conditions, students who are initially classified as not being Minnesota state residents may have their status changed to that of resident. The Chancellor shall develop a system procedure that describes the conditions under which residency status may be changed.

Date Proposed:  December 23, 1997

Revisions:
April, 2004
November, 2008

Approved Revisions:
May, 2004
February, 2009

Date of Implementation:  May 11, 1998