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Page 1: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for

Tuition Purposes

Residency for

Tuition Purposes

Office of the Vice PresidentOffice of the Vice Presidentfor Student Affairsfor Student Affairs

Office of the Vice PresidentOffice of the Vice Presidentfor Student Affairsfor Student Affairs

Page 2: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

BackgroundBackground

The U.S. Supreme Court has ruled The U.S. Supreme Court has ruled that states have a legitimate vested that states have a legitimate vested interest in maintaining differential interest in maintaining differential tuition rates based on residency, tuition rates based on residency, especially since residents already especially since residents already support their state institutions support their state institutions through payment of state taxes.through payment of state taxes.

The U.S. Supreme Court has ruled The U.S. Supreme Court has ruled that states have a legitimate vested that states have a legitimate vested interest in maintaining differential interest in maintaining differential tuition rates based on residency, tuition rates based on residency, especially since residents already especially since residents already support their state institutions support their state institutions through payment of state taxes.through payment of state taxes.

Page 3: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

BackgroundBackground

In 1969, Hawai‘i Revised Statutes (HRS) In 1969, Hawai‘i Revised Statutes (HRS) 304-4 allowed the BOR to charge resident 304-4 allowed the BOR to charge resident and nonresident tuition.and nonresident tuition.

In 1969, Hawai‘i Revised Statutes (HRS) In 1969, Hawai‘i Revised Statutes (HRS) 304-4 allowed the BOR to charge resident 304-4 allowed the BOR to charge resident and nonresident tuition.and nonresident tuition.

Page 4: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

BackgroundBackground

BOR instituted rules that govern BOR instituted rules that govern residency for tuition purposes.residency for tuition purposes.

These rules are incorporated into the These rules are incorporated into the Hawai‘i Administrative Rules (HAR), Hawai‘i Administrative Rules (HAR), Chapter 20-4.Chapter 20-4.

To change the BOR rules, HAR must To change the BOR rules, HAR must also be formally amended.also be formally amended.

BOR instituted rules that govern BOR instituted rules that govern residency for tuition purposes.residency for tuition purposes.

These rules are incorporated into the These rules are incorporated into the Hawai‘i Administrative Rules (HAR), Hawai‘i Administrative Rules (HAR), Chapter 20-4.Chapter 20-4.

To change the BOR rules, HAR must To change the BOR rules, HAR must also be formally amended.also be formally amended.

Page 5: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

The Residency Determination Process

The Residency Determination Process

1.1. Every applicant for admission to any UH Every applicant for admission to any UH campus declares residency on the campus declares residency on the admission application form.admission application form.

2.2. A residency officer, most commonly the A residency officer, most commonly the registrar, determines the residency status of registrar, determines the residency status of each applicant.each applicant.

3.3. A nonresident may challenge his/her status A nonresident may challenge his/her status by filing an appeal.by filing an appeal.

4.4. A systemwide committee hears the appeal A systemwide committee hears the appeal and adjudicates the case, either affirming or and adjudicates the case, either affirming or reversing the initial determination.reversing the initial determination.

1.1. Every applicant for admission to any UH Every applicant for admission to any UH campus declares residency on the campus declares residency on the admission application form.admission application form.

2.2. A residency officer, most commonly the A residency officer, most commonly the registrar, determines the residency status of registrar, determines the residency status of each applicant.each applicant.

3.3. A nonresident may challenge his/her status A nonresident may challenge his/her status by filing an appeal.by filing an appeal.

4.4. A systemwide committee hears the appeal A systemwide committee hears the appeal and adjudicates the case, either affirming or and adjudicates the case, either affirming or reversing the initial determination.reversing the initial determination.

Page 6: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

What Is Residency?What Is Residency?

Residency for tuition purposes is not the Residency for tuition purposes is not the same as residency for voting or paying taxes. same as residency for voting or paying taxes.

The latter two simply require a person’s The latter two simply require a person’s declaration that Hawai‘i is his/her residence.declaration that Hawai‘i is his/her residence.

Residency for tuition purposes is not the Residency for tuition purposes is not the same as residency for voting or paying taxes. same as residency for voting or paying taxes.

The latter two simply require a person’s The latter two simply require a person’s declaration that Hawai‘i is his/her residence.declaration that Hawai‘i is his/her residence.

Page 7: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

What is Residency?What is Residency?

Residency for Residency for tuition purposestuition purposes means means

DomicileDomicile

The place where a person has his/her permanent The place where a person has his/her permanent home & to where he/she has the intention of home & to where he/she has the intention of returning after an absence.returning after an absence.

A person can have onlyA person can have only oneone legal domicile at legal domicile at any given time.any given time.

Residency for Residency for tuition purposestuition purposes means means

DomicileDomicile

The place where a person has his/her permanent The place where a person has his/her permanent home & to where he/she has the intention of home & to where he/she has the intention of returning after an absence.returning after an absence.

A person can have onlyA person can have only oneone legal domicile at legal domicile at any given time.any given time.

Page 8: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Establishing DomicileEstablishing Domicile

A person is a resident once he/she A person is a resident once he/she intendsintends to make a place his/her to make a place his/her domicile.domicile.

IntentionIntention is measured by 2 factors: is measured by 2 factors:1)1) Objective fact = Objective fact = physical presencephysical presence2)2) Subjective inference from behavior = Subjective inference from behavior =

demonstrated intentdemonstrated intent

A person is a resident once he/she A person is a resident once he/she intendsintends to make a place his/her to make a place his/her domicile.domicile.

IntentionIntention is measured by 2 factors: is measured by 2 factors:1)1) Objective fact = Objective fact = physical presencephysical presence2)2) Subjective inference from behavior = Subjective inference from behavior =

demonstrated intentdemonstrated intent

Page 9: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Physical Presence Requirementto Establish Residency

for Tuition Purposes

Physical Presence Requirementto Establish Residency

for Tuition Purposes

12 Months12 Months Physical PresencePhysical Presence OtherOther

48 states require48 states require Arkansas--6 Arkansas--6 monthsmonths

Tennessee--noneTennessee--none

No state requires more than 12 monthsNo state requires more than 12 months

12 Months12 Months Physical PresencePhysical Presence OtherOther

48 states require48 states require Arkansas--6 Arkansas--6 monthsmonths

Tennessee--noneTennessee--none

No state requires more than 12 monthsNo state requires more than 12 months

Page 10: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Evidences of Domicile Most Commonly Required by

Public Universities

Evidences of Domicile Most Commonly Required by

Public Universities

1.1. Filing state resident personal income Filing state resident personal income taxtax2.2. Registering to Registering to votevote in the state in the state3.3. Proof of Proof of housinghousing, either owned or leased, either owned or leased4.4. Proof of Proof of employmentemployment

No single evidence is decisiveNo single evidence is decisive

1.1. Filing state resident personal income Filing state resident personal income taxtax2.2. Registering to Registering to votevote in the state in the state3.3. Proof of Proof of housinghousing, either owned or leased, either owned or leased4.4. Proof of Proof of employmentemployment

No single evidence is decisiveNo single evidence is decisive

Page 11: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Board of Regents ExemptionsBoard of Regents Exemptions

Besides Residents and Nonresidents, there are BOR exemptions--Besides Residents and Nonresidents, there are BOR exemptions--Nonresidents who are exempted from the nonresident tuition differential:Nonresidents who are exempted from the nonresident tuition differential:

EWC granteesEWC grantees Military personnel stationed in Hawai‘i on active dutyMilitary personnel stationed in Hawai‘i on active duty Ethnic Hawaiians residing outside of Hawai‘iEthnic Hawaiians residing outside of Hawai‘i Students from any Pacific island or Asian country that does not provide Students from any Pacific island or Asian country that does not provide

public institution(s) of higher learningpublic institution(s) of higher learning UH employees, their spouses and dependentsUH employees, their spouses and dependents

Besides Residents and Nonresidents, there are BOR exemptions--Besides Residents and Nonresidents, there are BOR exemptions--Nonresidents who are exempted from the nonresident tuition differential:Nonresidents who are exempted from the nonresident tuition differential:

EWC granteesEWC grantees Military personnel stationed in Hawai‘i on active dutyMilitary personnel stationed in Hawai‘i on active duty Ethnic Hawaiians residing outside of Hawai‘iEthnic Hawaiians residing outside of Hawai‘i Students from any Pacific island or Asian country that does not provide Students from any Pacific island or Asian country that does not provide

public institution(s) of higher learningpublic institution(s) of higher learning UH employees, their spouses and dependentsUH employees, their spouses and dependents

Page 12: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Proposal to Amend Chapter 20-4Residency Rules & Regulations

Proposal to Amend Chapter 20-4Residency Rules & Regulations

Justification for AmendmentsJustification for Amendments

To update rules to reflect statutory changes To update rules to reflect statutory changes affecting residency. The rules have not been affecting residency. The rules have not been updated since 1984. HRS 304-4 has been updated since 1984. HRS 304-4 has been amended several times since 1984.amended several times since 1984.

To incorporate more precise and clearer To incorporate more precise and clearer language in the rules.language in the rules.

These changes, upon approval, would take These changes, upon approval, would take effect effect beginning Fall 2006beginning Fall 2006

Justification for AmendmentsJustification for Amendments

To update rules to reflect statutory changes To update rules to reflect statutory changes affecting residency. The rules have not been affecting residency. The rules have not been updated since 1984. HRS 304-4 has been updated since 1984. HRS 304-4 has been amended several times since 1984.amended several times since 1984.

To incorporate more precise and clearer To incorporate more precise and clearer language in the rules.language in the rules.

These changes, upon approval, would take These changes, upon approval, would take effect effect beginning Fall 2006beginning Fall 2006

Page 13: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Overview ofProposed Major Changes

Overview ofProposed Major Changes

Set an age limit onSet an age limit on dependentsdependents Add the legal definition of residenceAdd the legal definition of residence Clarify the definition of residency for tuition purposesClarify the definition of residency for tuition purposes Clarify the status of aliensClarify the status of aliens Add the status of a child of divorced parentsAdd the status of a child of divorced parents Change the composition of the committee that adjudicates Change the composition of the committee that adjudicates

appeals (for continuity and consistency of decisions)appeals (for continuity and consistency of decisions) Delete section on appeals of students denied admission Delete section on appeals of students denied admission

based on nonresident statusbased on nonresident status Restrict conversion from nonresident to resident Restrict conversion from nonresident to resident Change tuition payment to file an appeal of residency statusChange tuition payment to file an appeal of residency status

Set an age limit onSet an age limit on dependentsdependents Add the legal definition of residenceAdd the legal definition of residence Clarify the definition of residency for tuition purposesClarify the definition of residency for tuition purposes Clarify the status of aliensClarify the status of aliens Add the status of a child of divorced parentsAdd the status of a child of divorced parents Change the composition of the committee that adjudicates Change the composition of the committee that adjudicates

appeals (for continuity and consistency of decisions)appeals (for continuity and consistency of decisions) Delete section on appeals of students denied admission Delete section on appeals of students denied admission

based on nonresident statusbased on nonresident status Restrict conversion from nonresident to resident Restrict conversion from nonresident to resident Change tuition payment to file an appeal of residency statusChange tuition payment to file an appeal of residency status

Page 14: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Setting Age Limit of DependentsSetting Age Limit of Dependents

Current:Current: Allows dependentAllows dependent status as status as declared on IRS tax formdeclared on IRS tax form

Proposed: Proposed: Dependents can beDependents can be no more than no more than 23 years of age, in addition to 23 years of age, in addition to

being being a dependent by IRS rulesa dependent by IRS rules

Reason for change: Reason for change: IRS definition of 50% financial support allows IRS definition of 50% financial support allows

for no age limit for dependents.for no age limit for dependents. Proposed definition is consistent with age limit Proposed definition is consistent with age limit

of military and federal financial aid.of military and federal financial aid.

Current:Current: Allows dependentAllows dependent status as status as declared on IRS tax formdeclared on IRS tax form

Proposed: Proposed: Dependents can beDependents can be no more than no more than 23 years of age, in addition to 23 years of age, in addition to

being being a dependent by IRS rulesa dependent by IRS rules

Reason for change: Reason for change: IRS definition of 50% financial support allows IRS definition of 50% financial support allows

for no age limit for dependents.for no age limit for dependents. Proposed definition is consistent with age limit Proposed definition is consistent with age limit

of military and federal financial aid.of military and federal financial aid.

Page 15: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Adding Legal Definition of Residence

Adding Legal Definition of Residence

Current: Current: No definitionNo definitionProposed: Proposed: AddAdd legal definitionlegal definition

Reason for change: Reason for change: Incorporates the legal definition of Incorporates the legal definition of domicile domicile

for clarification of residencyfor clarification of residency

Current: Current: No definitionNo definitionProposed: Proposed: AddAdd legal definitionlegal definition

Reason for change: Reason for change: Incorporates the legal definition of Incorporates the legal definition of domicile domicile

for clarification of residencyfor clarification of residency

Page 16: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Clarifying Residency for Tuition Purposes

Clarifying Residency for Tuition Purposes

Current: Current: NoNo definitiondefinitionProposed: Proposed: ClarifiesClarifies definition, as distinct definition, as distinct

from other usagefrom other usage

Reason for change: Reason for change: Distinguishes between residency for tuition Distinguishes between residency for tuition

purposes vs. other purposes, e.g., purposes vs. other purposes, e.g., students believe that because they can vote students believe that because they can vote in Hawai‘i, they should pay resident tuition.in Hawai‘i, they should pay resident tuition.

Current: Current: NoNo definitiondefinitionProposed: Proposed: ClarifiesClarifies definition, as distinct definition, as distinct

from other usagefrom other usage

Reason for change: Reason for change: Distinguishes between residency for tuition Distinguishes between residency for tuition

purposes vs. other purposes, e.g., purposes vs. other purposes, e.g., students believe that because they can vote students believe that because they can vote in Hawai‘i, they should pay resident tuition.in Hawai‘i, they should pay resident tuition.

Page 17: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Clarifying Status of Aliens

Clarifying Status of Aliens

Current: Current: Only aliens on permanent resident Only aliens on permanent resident status or in the U.S. due to violent status or in the U.S. due to violent overthrow of their country may be overthrow of their country may be considered for resident statusconsidered for resident status

Proposed: Proposed: Allows all aliens who are legally in Allows all aliens who are legally in the the U.S. to establish Hawai‘i residencyU.S. to establish Hawai‘i residency

Reason for change: Reason for change: Incorporates existing nationwide practice of Incorporates existing nationwide practice of

allowing all aliens who are legally in the U.S. to allowing all aliens who are legally in the U.S. to establish state residency. Current rules are establish state residency. Current rules are unconstitutionally restrictive.unconstitutionally restrictive.

Current: Current: Only aliens on permanent resident Only aliens on permanent resident status or in the U.S. due to violent status or in the U.S. due to violent overthrow of their country may be overthrow of their country may be considered for resident statusconsidered for resident status

Proposed: Proposed: Allows all aliens who are legally in Allows all aliens who are legally in the the U.S. to establish Hawai‘i residencyU.S. to establish Hawai‘i residency

Reason for change: Reason for change: Incorporates existing nationwide practice of Incorporates existing nationwide practice of

allowing all aliens who are legally in the U.S. to allowing all aliens who are legally in the U.S. to establish state residency. Current rules are establish state residency. Current rules are unconstitutionally restrictive.unconstitutionally restrictive.

Page 18: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Adding Status of a Child of

Divorced parents

Adding Status of a Child of

Divorced parents

Current: Current: Is not includedIs not includedProposed: Proposed: To be includedTo be included

Reason for change: Reason for change: Allows a child to take the residency of Allows a child to take the residency of

divorced custodial Hawai‘i resident parent. divorced custodial Hawai‘i resident parent. In compliance with current HRS 304-4, In compliance with current HRS 304-4,

which included this condition in 1989.which included this condition in 1989.

Current: Current: Is not includedIs not includedProposed: Proposed: To be includedTo be included

Reason for change: Reason for change: Allows a child to take the residency of Allows a child to take the residency of

divorced custodial Hawai‘i resident parent. divorced custodial Hawai‘i resident parent. In compliance with current HRS 304-4, In compliance with current HRS 304-4,

which included this condition in 1989.which included this condition in 1989.

Page 19: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Deleting Appeals of Students Denied Admission

Based Solely on Nonresident Status

Deleting Appeals of Students Denied Admission

Based Solely on Nonresident Status

Current: Current: Included in rulesIncluded in rulesProposed: Proposed: Delete entire sectionDelete entire section

Reason for change: Reason for change: Requires deletion since students are Requires deletion since students are notnot denied denied

admission admission solelysolely on the basis of their on the basis of their nonresident status. nonresident status.

A student may be denied admission to a specific A student may be denied admission to a specific program due to nonresident status, but will be program due to nonresident status, but will be admitted to the campus.admitted to the campus.

Current: Current: Included in rulesIncluded in rulesProposed: Proposed: Delete entire sectionDelete entire section

Reason for change: Reason for change: Requires deletion since students are Requires deletion since students are notnot denied denied

admission admission solelysolely on the basis of their on the basis of their nonresident status. nonresident status.

A student may be denied admission to a specific A student may be denied admission to a specific program due to nonresident status, but will be program due to nonresident status, but will be admitted to the campus.admitted to the campus.

Page 20: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Changing Composition of Appeals

Adjudicating Body

Changing Composition of Appeals

Adjudicating BodyCurrent: Current: Committee of 2 students, 1 facultyCommittee of 2 students, 1 facultyProposed: Proposed: Board of residency officers from all 10 Board of residency officers from all 10

campuses and one administratorcampuses and one administrator

Reason for change: Reason for change: Allows for more timely and consistent decisions.Allows for more timely and consistent decisions. Current committee of students and faculty changes Current committee of students and faculty changes

annually, which often leads to inconsistent decisions from annually, which often leads to inconsistent decisions from year to year.year to year.

Current process is inefficient, due to difficulty in Current process is inefficient, due to difficulty in scheduling students and faculty for hearings, often scheduling students and faculty for hearings, often resulting in decisions rendered at the end of the semester.resulting in decisions rendered at the end of the semester.

Current: Current: Committee of 2 students, 1 facultyCommittee of 2 students, 1 facultyProposed: Proposed: Board of residency officers from all 10 Board of residency officers from all 10

campuses and one administratorcampuses and one administrator

Reason for change: Reason for change: Allows for more timely and consistent decisions.Allows for more timely and consistent decisions. Current committee of students and faculty changes Current committee of students and faculty changes

annually, which often leads to inconsistent decisions from annually, which often leads to inconsistent decisions from year to year.year to year.

Current process is inefficient, due to difficulty in Current process is inefficient, due to difficulty in scheduling students and faculty for hearings, often scheduling students and faculty for hearings, often resulting in decisions rendered at the end of the semester.resulting in decisions rendered at the end of the semester.

Page 21: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Restricting Conversion from Nonresident to Resident Status

Restricting Conversion from Nonresident to Resident Status

Current: Current: Nonresidents may convert to resident status Nonresidents may convert to resident status after after one yearone year

Proposed: Proposed: Nonresidents may Nonresidents may notnot convert to resident status convert to resident status if if they are in Hawai‘i primarily to attend college, they are in Hawai‘i primarily to attend college, enrolled for enrolled for 6 credits or more, and financially 6 credits or more, and financially dependent on nonresident dependent on nonresident parents. They also parents. They also may not apply their first year of may not apply their first year of enrollment to enrollment to meet the 12 months physical presence meet the 12 months physical presence

requirement.requirement.Reason for change: Reason for change: Consistent with recent policy changes of public universities in other Consistent with recent policy changes of public universities in other

states, which have begun to use similar restrictions to generate states, which have begun to use similar restrictions to generate additional tuition revenue.additional tuition revenue.

This may result in substantial additional revenues for UH.This may result in substantial additional revenues for UH.

Current: Current: Nonresidents may convert to resident status Nonresidents may convert to resident status after after one yearone year

Proposed: Proposed: Nonresidents may Nonresidents may notnot convert to resident status convert to resident status if if they are in Hawai‘i primarily to attend college, they are in Hawai‘i primarily to attend college, enrolled for enrolled for 6 credits or more, and financially 6 credits or more, and financially dependent on nonresident dependent on nonresident parents. They also parents. They also may not apply their first year of may not apply their first year of enrollment to enrollment to meet the 12 months physical presence meet the 12 months physical presence

requirement.requirement.Reason for change: Reason for change: Consistent with recent policy changes of public universities in other Consistent with recent policy changes of public universities in other

states, which have begun to use similar restrictions to generate states, which have begun to use similar restrictions to generate additional tuition revenue.additional tuition revenue.

This may result in substantial additional revenues for UH.This may result in substantial additional revenues for UH.

Page 22: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Restricting Conversion from Nonresident to Resident Status

Restricting Conversion from Nonresident to Resident Status

Effective Fall 2005, newly admitted Effective Fall 2005, newly admitted nonresident students may not convert to nonresident students may not convert to resident status, based on a more stringent resident status, based on a more stringent interpretation of the Rules which state: interpretation of the Rules which state:

Presence in Hawai‘i primarily to attend an Presence in Hawai‘i primarily to attend an institution of higher learning shall not create institution of higher learning shall not create resident status.resident status.

A nonresident student shall be presumed to A nonresident student shall be presumed to be in Hawai‘i primarily to attend an institution be in Hawai‘i primarily to attend an institution of higher learning.of higher learning.

Effective Fall 2005, newly admitted Effective Fall 2005, newly admitted nonresident students may not convert to nonresident students may not convert to resident status, based on a more stringent resident status, based on a more stringent interpretation of the Rules which state: interpretation of the Rules which state:

Presence in Hawai‘i primarily to attend an Presence in Hawai‘i primarily to attend an institution of higher learning shall not create institution of higher learning shall not create resident status.resident status.

A nonresident student shall be presumed to A nonresident student shall be presumed to be in Hawai‘i primarily to attend an institution be in Hawai‘i primarily to attend an institution of higher learning.of higher learning.

Page 23: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Changing Tuition Payment to File an Appeal

Changing Tuition Payment to File an Appeal

Current: Current: Payment ofPayment of resident tuitionresident tuitionProposed: Proposed: Payment ofPayment of nonresident tuitionnonresident tuition

Reason for change: Reason for change: Student should pay nonresident tuition until Student should pay nonresident tuition until

found to be a resident. found to be a resident. Current practice often results in late or non Current practice often results in late or non

payment of the nonresident tuition differential payment of the nonresident tuition differential when the student is determined to be a when the student is determined to be a nonresident by the appeals committee.nonresident by the appeals committee.

Current: Current: Payment ofPayment of resident tuitionresident tuitionProposed: Proposed: Payment ofPayment of nonresident tuitionnonresident tuition

Reason for change: Reason for change: Student should pay nonresident tuition until Student should pay nonresident tuition until

found to be a resident. found to be a resident. Current practice often results in late or non Current practice often results in late or non

payment of the nonresident tuition differential payment of the nonresident tuition differential when the student is determined to be a when the student is determined to be a nonresident by the appeals committee.nonresident by the appeals committee.

Page 24: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Proposed Changes — ConsultationProposed Changes — Consultation

Proposed changes were Proposed changes were discussed with and accepted by:discussed with and accepted by:

Student CaucusStudent Caucus All residency officersAll residency officers All deans of studentsAll deans of students Council of ChancellorsCouncil of Chancellors UH Senior Management TeamUH Senior Management Team

Proposed changes were Proposed changes were discussed with and accepted by:discussed with and accepted by:

Student CaucusStudent Caucus All residency officersAll residency officers All deans of studentsAll deans of students Council of ChancellorsCouncil of Chancellors UH Senior Management TeamUH Senior Management Team

Page 25: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Proposed Changes — ValidationProposed Changes — Validation

The proposed changes are consistent The proposed changes are consistent with recently established practices of with recently established practices of other public institutions in the western other public institutions in the western region (e.g., U of Washington, Cal State, region (e.g., U of Washington, Cal State, U Arizona, U Colorado, U Nevada-Reno, U Arizona, U Colorado, U Nevada-Reno, Oregon State, Montana State).Oregon State, Montana State).

The proposed changes are consistent The proposed changes are consistent with recently established practices of with recently established practices of other public institutions in the western other public institutions in the western region (e.g., U of Washington, Cal State, region (e.g., U of Washington, Cal State, U Arizona, U Colorado, U Nevada-Reno, U Arizona, U Colorado, U Nevada-Reno, Oregon State, Montana State).Oregon State, Montana State).

Page 26: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Fall 2004 Enrollmentby Residency StatusFall 2004 Enrollmentby Residency Status

ResidentResident 39,11939,119 77%77%Non-ResidentNon-Resident 4,388 4,388 9% 9%Non-Res BOR ExemptNon-Res BOR Exempt 3,956 3,956 8% 8%Non-Res ConvertedNon-Res Converted to Residentto Resident 908 908 2% 2%West. Undergrad ExchangeWest. Undergrad Exchange 2,198 2,198 4% 4% (150% Resident Tuition)(150% Resident Tuition)

TOTALTOTAL 50,569 100%50,569 100%

ResidentResident 39,11939,119 77%77%Non-ResidentNon-Resident 4,388 4,388 9% 9%Non-Res BOR ExemptNon-Res BOR Exempt 3,956 3,956 8% 8%Non-Res ConvertedNon-Res Converted to Residentto Resident 908 908 2% 2%West. Undergrad ExchangeWest. Undergrad Exchange 2,198 2,198 4% 4% (150% Resident Tuition)(150% Resident Tuition)

TOTALTOTAL 50,569 100%50,569 100%

Page 27: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

UH System Fall 2004 EnrollmentUH System Fall 2004 Enrollment

39,119

908

4,388

3,956 2,198

39,119

908

4,388

3,956 2,198

77%

4%8%

9%

2%

Resident

WUE

Nonres Converted to Res

Nonresident

Nonres Exempt

Page 28: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Next StepsNext Steps

1.1. BOR approval of proposed revision.BOR approval of proposed revision.2.2. Public Hearings required to amend Hawai‘i Public Hearings required to amend Hawai‘i

Administrative Rules.Administrative Rules.3.3. Submission to the Legislative Reference Submission to the Legislative Reference

Bureau for verification of compliance with Bureau for verification of compliance with the “the “Hawai‘i Administrative Rules FormatHawai‘i Administrative Rules Format.”.”

4.4. Submission to the Governor for approval.Submission to the Governor for approval.5.5. Submission to the Lieutenant Governor for Submission to the Lieutenant Governor for

filing.filing.

1.1. BOR approval of proposed revision.BOR approval of proposed revision.2.2. Public Hearings required to amend Hawai‘i Public Hearings required to amend Hawai‘i

Administrative Rules.Administrative Rules.3.3. Submission to the Legislative Reference Submission to the Legislative Reference

Bureau for verification of compliance with Bureau for verification of compliance with the “the “Hawai‘i Administrative Rules FormatHawai‘i Administrative Rules Format.”.”

4.4. Submission to the Governor for approval.Submission to the Governor for approval.5.5. Submission to the Lieutenant Governor for Submission to the Lieutenant Governor for

filing.filing.

Page 29: Residency for Tuition Purposes Office of the Vice President for Student Affairs Office of the Vice President for Student Affairs.

Residency for Tuition Purposes

Proposed ScheduleProposed Schedule

1.1. Hold public hearings in May 2005Hold public hearings in May 20052.2. Submit final amended Chapter 20-4 to Submit final amended Chapter 20-4 to

Legislative Reference Bureau in June Legislative Reference Bureau in June 20052005

3.3. Submit LRB-approved Chapter 20-4 to Submit LRB-approved Chapter 20-4 to Governor June 2005Governor June 2005

4.4. Amended Chapter 20-4 to take effect Amended Chapter 20-4 to take effect Fall 2006Fall 2006

1.1. Hold public hearings in May 2005Hold public hearings in May 20052.2. Submit final amended Chapter 20-4 to Submit final amended Chapter 20-4 to

Legislative Reference Bureau in June Legislative Reference Bureau in June 20052005

3.3. Submit LRB-approved Chapter 20-4 to Submit LRB-approved Chapter 20-4 to Governor June 2005Governor June 2005

4.4. Amended Chapter 20-4 to take effect Amended Chapter 20-4 to take effect Fall 2006Fall 2006


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