Office of the University Registrar

IN-STATE TUITION RESIDENCY CLASSIFICATION FOR DAY DIVISION

Rules and Regulations Governing the Tuition Residency Status of Students for In-State Tuition Purposes administered by the Office of the University Registrar.

These rules and regulations, approved in 2016 by the University, and current as of publication, apply to the classification of students at Framingham State University as Massachusetts or non-Massachusetts students for tuition purposes. The Massachusetts Board of Higher Education (BHE) may revise this policy. In that event, the revised BHE policy will supersede the following. In the event the Tuition Residency Form is not submitted prior to the semester of matriculation, the student’s classification will be set to out-of-state retroactive to the semester of matriculation resulting in out-of-state tuition charges being assessed.

Part I. Definitions

1.1 "Academic period" shall mean a term or semester in an academic year or a summer session, as prescribed by the Framingham State University Board of Trustees or under their authority.

1.2 "Continuous attendance" shall mean enrollment at the University for the normal academic year in each calendar year; or the appropriate portion or portions of such academic year as prescribed by the Board of Trustees or under their authority.

1.3 “Eligible person” shall mean a United States citizen, lawful immigrant, permanent resident or holder of another legal immigration status, or is eligible to apply and has applied for such status; who has satisfied the durational residency requirement and can demonstrate his/her intent to remain in Massachusetts.

1.4 "Emancipated person," for the purposes of residency classification for tuition, shall mean a person who has attained the age of 18 years and is financially independent of his or her parents, or if under 18 years of age:

a) whose parents have entirely surrendered the right to the care, custody, and earnings of such person and who no longer are under any legal obligation to support or maintain such person;

b) a person who is legally married;

c) a person who has no parent.

If none of the aforesaid definitions apply, said person shall be deemed an "unemancipated person."

1.5 "Parent" shall mean:

a) the person's father and mother, jointly;

b) if the person's father is deceased, the person's mother; if the person's mother is deceased, the person's father;

c) if a legal guardian has been appointed by a court having jurisdiction, the legal guardian;

d) if neither the father nor mother is living and no legal guardian has been appointed, the person who then stands in loco parentis to the person;

e) if the father and mother are divorced, separated or unmarried, the parent who has been awarded legal custody of the person; or if legal custody has not been awarded, the parent with whom the person lives. With respect to any adopted student, the word "adoptive" should be inserted before the words "father" and "mother" wherever used.

1.6 "Reside," "residency" or "resident" shall mean "domicile," i.e., a person's true, fixed and permanent home or place of habitation, where he or she intends to remain permanently.

Part II. Classification

2.1 For the purpose of assessing tuition, each student shall be classified as a "Massachusetts resident" or a "non-Massachusetts resident." A person shall be classified as a Massachusetts resident if he or she (or the parent of an unemancipated student) shall have resided in the Commonwealth of Massachusetts for purposes other than attending an educational institution (public or private) for twelve months immediately preceding the student's entry or reentry as a student.

2.2 Physical presence for this entire twelve-month period need not be required as long as the conduct of an individual, taken in total, manifests an intention to make Massachusetts his or her permanent dwelling place. However, residency is not acquired by mere physical presence in Massachusetts while the person is enrolled in an institution of higher education (public or private).

Part III. Determination of Residency

3.1 Proof of Residency

a) Each case will be decided on the basis of all facts submitted with qualitative rather than quantitative emphasis. A number of factors are required for residency to determine the intention of the person to maintain permanent residence in Massachusetts. No single index is decisive. The burden of proof rests on the student seeking classification as a Massachusetts resident.

b) The following shall be primary indicia of residency:

1) The unemancipated persons, the residency of parents, having custody, within Massachusetts:

2) Copies of both federal and state income tax returns including W-2 forms;

3) Permanent employment in a position not normally filled by a student;

4) Reliance on Massachusetts sources for financial support;

5) Former residency in Massachusetts and maintenance of significant connections therein while absent.

c) The following shall be secondary indicia of residency, to be considered of less weight than the indicia listed above in subsection b):

1) Continuous physical presence in Massachusetts during periods when not an enrolled student;

2) Military home of record;

3) All other material of whatever kind or source, which may have a bearing on determining residency (such as motor vehicle registration and operator’s license and vehicle insurance policy benefits page).

3.2 Proof of Emancipation: a student asserting that he or she is an emancipated person shall furnish evidence to support such assertion. Such evidence may include:

a) Birth certificate or any other legal document that shows place and date of birth;

b) Legal guardianship papers - court appointment and termination must be submitted;

c) Statements of the person, his or her parent(s), guardian(s), or others certifying no financial support;

d) Certified copies of federal and state income tax returns filed by the person and his or her parent(s);

e) Where none of the foregoing can be provided an affidavit of the emancipated person in explanation thereof and stating fully the grounds supporting the claim of emancipation.

3.3 Presumptions

a) Residency is not acquired by mere physical presence in Massachusetts while the person is enrolled in an institution of higher education. (See Section 2)

b) A person having his or her residency elsewhere than in Massachusetts shall not be eligible for classification as a Massachusetts resident for tuition purposes except as herein provided:

1) Any person who is registered at the University as a Massachusetts resident shall be eligible for continued classification as a Massachusetts resident for tuition purposes (until attainment of the degree for which he or she is enrolled) during continuous attendance at the institution.

2) The spouse of any person who is classified or is eligible for classification as a Massachusetts resident is likewise eligible for classification as a Massachusetts resident. This provision will not apply in the case of a spouse in the United States on a non-immigrant visa.

3) A person who is a lawful immigrant/permanent resident of the United States (or is eligible to apply and has applied for such status) is eligible to be considered for Massachusetts residency for tuition purposes provided that he/she meets the same requirements for establishing residency in Massachusetts as are required of a United States citizen.

A Non-citizen who is in refugee/asylum status are likewise eligible to be considered for Massachusetts residency for tuition purposes provided that he/she meets the same requirements for establishing residency in Massachusetts as are required of a United States citizen. A non-citizen must provide appropriate United States Citizenship and Immigration Services documentation to verify his/her status.

NOTE: A student attending the University on a non-immigrant visa (A through T) is not eligible for Massachusetts In-State tuition unless the student is eligible and has applied for lawful immigrant status (documentation of such actions will be required).

4) Those students whose higher educational pursuits are funded by the Massachusetts Department of Institutional Assistance, the Massachusetts Rehabilitation Commission, or any of the other Commonwealth of Massachusetts public assistance programs.

c) A person does not gain or lose in-state status solely by reason of his or her presence in any state or country while a member of the Armed Forces of the United States.

d) For the purposes of this policy the following persons shall be presumed to be Massachusetts residents:

1) The student meets the qualifications for In-State Tuition under Federal Public Law 113-146 (The Veterans Access, Choice, and Accountability Act of 2014).

Part IV. Appeals and Reclassification

4.1 In any case where the Admissions Office is unable to make a determination prior to initial enrollment based on the evidence submitted, the applicant may be required to submit a “Tuition Residency Reclassification Form” to the University Registrar for review before residency classification is finalized.

4.2 Any student or applicant who is unwilling to accept the initial ruling relative to his or her residency classification, or who wishes to seek reclassification may a file a “Tuition Residency Reclassification Form.”

4.3 Any student or applicant who is unwilling to accept the ruling relative to his or her residency after submitting a Tuition Residency Reclassification Form” may submit a written appeal to the Vice President for Enrollment & Student Development or his/her designee. The decision on appeal is final and may not be appealed further.

4.4 Retroactive Effect: Any change in a student’s classification as the result of a request for reclassification or an appeal will be retroactive only to the beginning of the semester during which the institution makes the final decision to reclassify the student.

Part V. Penalties

Misrepresentation in or omission from any evidence submitted with respect to any fact which, if correctly or completely stated, would be grounds to deny classification as a Massachusetts resident (for tuition purposes), shall be cause for exclusion or expulsion from or other disciplinary action by the institution.