University of Nebraska Board of Regents Board of Regents Meeting ...

TO: The Board of Regents Addendum IX-A-3
Academic Affairs
MEETING DATE: September 4, 2009
SUBJECT: Amendment to Regents Policy RP-5.7.1, Residency Determination for
Tuition Purposes for Active Duty Military
RECOMMENDED ACTION: Approve an amendment to Regents Policy RP-5.7.1, Residency
Determination for Tuition Purposes
PREVIOUS ACTION: This policy was first adopted April 30, 1994 and amended twice in 2006
on June 15 and July 28.
EXPLANATION: The changes are limited to Section 3(g) and appear on pages 6 and 7 of
this item indicated with the underlined new language. Under Neb. Rev.
Stat. §§ 85-501and 85-502 (Reissue 2008) the governing board of each
state postsecondary educational institution shall establish rules and
regulations for the purpose of fixing tuition and fees for resident and
nonresident students. The changes are to conform to the provisions of 20
U.S.C. § 1015d, part of the Higher Education Opportunity Act of 2008,
P.L. 110-315 § 114, which took effect on July 1, 2009. Beginning July 1,
2009, members of the armed forces on active duty for a period of more
than 30 days, their spouses, and dependent children, are now eligible to
receive in-state tuition at public colleges and universities in the state
where they reside or are permanently stationed. In addition, once a
service member or their family members are enrolled and paying in-state
tuition, they will continue to pay the in-state tuition rate as long as they
remain continuously enrolled at the institution and if the service member
is reassigned outside the state.
RP-5.7.1 Residency Determination for Tuition Purposes
1. Preamble
Pursuant to Article VII, Section 10 of the Constitution of the
State of Nebraska, and Neb. Rev. Stat., §§ 85-501 and 85-502,
the University has been authorized to develop regulations and
make determinations regarding Nebraska residency for tuition
purposes. These regulations provide the bases upon which
University staff shall determine, on a uniform intercampus basis,
whether an individual qualifies as a Nebraska resident for tuition
purposes.
It should be emphasized that the statutes provide a set of
minimum standards which will govern a determination of
resident status for tuition purposes only. In some instances it will
possible that an individual may qualify as a “resident” of