BP 3-9 RESIDENCY STATUS

DCC POLICY BP 3-9

APPROVED:  August 6, 2015

EFFECTIVE DATE:  August 6, 2015

REFERENCES: Section 702 of the Veterans Access, Choice and Accountability Act of 2014 (38 U.S.C. § 3679(c)); Montana Board of Regents Policy 940.1 – Residency Policy


RESIDENCY STATUS
A. All applicants for admission and students at Dawson Community College shall be classified as in-district, in-state, or out-of-state for fee purposes, admission to the college, and admission to programs of limited enrollment. A student who is not classified as in-district or in-state is considered to be out-of-state. The president or his/her designee shall apply the following criteria to determine residency status.

B. A person may be classified as in-district if

(a) he/she owns and pays taxes on real property located within the Dawson Community College District or he/she is a dependent whose parents or legal guardians own and pay taxes on real property located within the Dawson Community College District; or

(b) he/she has had an active lease for a domicile located within the Dawson Community College District as his/her primary residence for one continuous 12-month period, or he/she is a dependent whose parents or legal guardians have had an active lease for a domicile located in the Dawson Community College District as their primary residence for one continuous 12-month period; or

(c) he or she has lived for less than one continuous 12-month period in the Dawson Community College District with a documented and dated intent to become a resident of the Dawson Community College District including demonstrating such intent through actions that students do not routinely take (see sections D through G).

Notwithstanding the terms of this section, a former Dawson Community College District resident may be re-classified as in-district without serving a 12-month period of physical domicile in the district if he/she is unable to be present in Montana for the required 12-months due to his or her service in an active duty military assignment. For purposes of this policy, membership in ROTC, in the Reserves, or in the National Guard, does not qualify as active duty. One cannot achieve active duty military status by attending school.

C. Except as provided in subsection H, a person may be classified as in-state following a 12-month continuous period of domicile in Montana with a documented and dated intent to become a resident of Montana as provided in subsections D through G.

D. The 12-month period referred to in subsection C does not begin to run until the individual performs an act indicative of intent to become a Montana resident. The following will serve as such indicators:

(a) owning and registering an automobile in Montana,
(b) acquiring a Montana driver’s license,
(c) acquiring a Montana voter registration,
(d) purchasing a principal residence,
(e) filing a resident Montana individual income tax return.

Only in the event that none of the above indicators is appropriate, the person seeking in-state status may file an affidavit of intent to establish residency with the college. The college may consider other actions as indicators if the action is clearly indicative of an intent to establish residency and is not an action that students routinely take.

E. During the 12-month period and thereafter for as long as in-state status is desired, the person seeking or granted such status must act in a manner consistent with Montana residency, including all legal obligations and responsibilities based upon such residency. Enjoyment of a status, receipt of benefits, or exercise of a right or privilege inconsistent with or in contradiction of Montana residency may be a basis for classification as out-of-state.

The 12-month period does not run for any period during which the person enjoys a status, receives a benefit, or exercises a right or privilege based upon residency outside of Montana, or which negates the intent to become a Montana resident.

F. The college presumes the domicile of a minor or un-emancipated person is that of the person’s parents or legal guardian. If the parents are divorced, separated, or deceased, the college presumes the minor or un-emancipated person is a resident if either: (i) the parent or legal guardian with whom the student normally resides is a resident of Montana, or (ii) The parent or legal guardian who takes the student as an exemption for federal income tax purposes or supplies a majority of the support for the student is a resident of Montana.

The college presumes a person absent from Montana in excess of 30 days during the 12-month period upon which he/she is claiming in-state status lacks the necessary intent to acquire Montana residency as required by subsection B.

The college presumes, in the case of an individual who would have formerly been eligible for in-state status based on meeting the residency requirements but who has been absent from Montana for a period of 12 months or more, that such individual has abandoned in-state status. This presumption does not apply to individuals who can demonstrate satisfaction of the 12-month residency requirement subsequent to the absence. This presumption does not apply to absences from the state for purposes of postsecondary education or service in the armed forces of the United States provided the individual has not taken any actions in contradiction of the claim of Montana residency.

Notwithstanding the terms of this section, former Montana residents may be re-classified as instate without serving a 12-month period of physical domicile in Montana if the student is unable to be present in Montana for the required 12-months due to his or her service in an active duty military assignment. The student must demonstrate re-establishment of Montana residency in all other ways required of the policy for a period 12 months prior to the application for residency. For purposes of this policy, membership in ROTC, in the reserves or in the National Guard, does not, in itself, qualify as active duty. Active duty military status cannot be achieved by attending school.

The college presumes any person, not eligible for in-state status under this policy, who is registered for in excess of one-half of a normal full-time credit load is present in the state primarily for educational purposes, and such periods may not generally be applied to the 12-month period referred to in subsection C. For purposes of this subsection “in excess of one-half of a normal full time credit load” means: (i) any period of time for which an undergraduate student is registered for seven or more semester credits, or (ii) any period of time for which a graduate student is registered for in excess of half of the minimum full time credit load for graduate students as defined for financial aid purposes by the institution at which the student is enrolled.

In order to overcome any of the above presumptions, the person desiring in-state status must do so by clear and convincing evidence.

G. If a person, who did not qualify for in-state status or who had not taken acts indicative of an intent to establish Montana residency prior to imprisonment, is incarcerated in a Montana state or local penal institution, the time spent in the institution may not apply towards satisfaction of the 12-month residency requirement.

H. Notwithstanding the residency requirement, the following classes of persons are eligible for in-state status:

(a) members of the armed forces of the United States assigned to active duty in Montana, their spouses, and their dependent children during the member’s tour of duty in Montana; and

(b) an individual domiciled in Montana and employed full-time in a permanent job in Montana and the spouse and dependent children of such an individual provided the primary purpose of the person seeking in-state status for coming to Montana was not the education of the children, the spouse, or the employed individual;

(c) Any graduate of a Montana high school accredited by the board of public education who is a citizen of the United States or a resident alien who registers at the college no later than the fourth fall term following the student’s high school graduation shall be eligible under this section for in-state status for either (1) six years from the date of initial registration or until the achievement of an associate’s degree, whichever occurs first, or (2) as long as the individual remains continuously enrolled at Dawson Community College (excluding summers); provided either of the following conditions existed at the time the student graduated from high school: (i) the student attended the Montana high school for the student’s entire senior year; or (ii) the student had a parent who was employed and resided in Yellowstone National Park;

(d) An individual domiciled in a state other than Montana who derives more than 50% of family income, as reported or required to be reported under the United States tax laws, from full-time employment in a permanent job in Montana and who pays all required Montana taxes on Montana derived income and the spouse and dependent children of such individual provided the state of domicile provides reciprocal treatment for Montana residents;

(e) An individual, living in Montana, who is a “covered individual” under Section 702 of the Veterans Access, Choice and Accountability Act of 2014 (38 U.S.C. § 3679(c)).

If a person receives in-state status under the provisions of this subsection H, such status continues only so long as the person remains a member of one of the described classes. If the person no longer is eligible for membership in one of the classes, the college will reclassify the person as out-of-state unless the person qualifies for in-state status under the residency provisions. It is the responsibility of an individual to notify the college if the individual is no longer eligible for an exception.

I. An individual may appeal in writing to the President the initial classification decision or a reclassification decision. The President’s decision is final.

J. An individual classified or reclassified as in-state or in-district based upon false, incomplete, or incorrect replies to residency questions or evidence submitted to the college is subject to retroactive reclassification by the college as out-of-state. In such case, the individual is liable for the additional fees that the college would have assessed had the college classified the individual as out-of-state.


SCOPE: This policy applies to Dawson Community College


PROCEDURES: The President shall promulgate procedures to implement this policy.