Section 1: Definitions
"Academic term" means a division of the school year during which a course of studies is offered, and includes a semester, quarter, or single consolidated summer term as defined by the institution.
"Continuous enrollment" means enrollment in a state-supported post-secondary education institution at the same degree level for consecutive terms, excluding the summer term, since the beginning of the period for which continuous enrollment is claimed unless continuous enrollment is broken due to extenuating circumstances beyond the student's control, including serious personal illness or injury, or illness or death of a parent.
"Degree level" means enrollment in a course or program which could result in the award of a:
Certificate, diploma, or other program award at an institution;
Baccalaureate degree or lower including enrollment in a course by a non-degree-seeking post-baccalaureate student;
Graduate degree or graduate certification other than a first-professional degree in law, medicine, dentistry, or "Pharm. D"; or
Professional degree in law, medicine, dentistry, or "Pharm. D."
"Demonstration of Kentucky domicile and residency" means the presentation of documented information and evidence sufficient to prove by a preponderance of the evidence that a person is domiciled in Kentucky and is a resident of Kentucky.
"Dependent person" means a person who cannot demonstrate financial independence from parents or persons other than a spouse and who does not meet the criteria established in Section 5 of this administrative regulation.
"Determination of residency status" means the decision of a post-secondary education institution that may include a formal hearing that results in the classification of a person as a Kentucky resident or as a non-resident for admission and tuition assessment purposes.
"Domicile" means a person's true, fixed, and permanent home, and is the place where the person intends to remain, and to which the person expects to return if absent without intending to establish a new domicile elsewhere.
"Full-time employment" means continuous employment for at least forty-eight (48) weeks at an average of at least thirty (30) hours per week.
"Independent person" means a person who demonstrates financial independence from parents or persons other than a spouse and who can meet the criteria established in Section 5 of this administrative regulation.
"Institution" means an entity defined in KRS 164.001(10) if the type of institution is not expressly stated and includes the Kentucky Commonwealth Virtual University.
"Kentucky residency" or "Kentucky resident" means the result of a determination by an institution that a person is a resident of Kentucky as determined by this administrative regulation.
"Non-resident" means a person who is domiciled outside of Kentucky, or who currently maintains legal residence outside Kentucky, or who has not met the criteria for Kentucky residency established in this administrative regulation.
"Preponderance of the evidence" means the greater weight of evidence, or evidence which is more credible and convincing to the mind.
"Parent" means one (1) of the following:
"Residence" or "residency" means the place of abode of a person and the place where the person is physically present most of the time for a noneducational purpose in accordance with Section 3 of this administrative regulation.
"Student financial aid" means all forms of payments to a student if one (1) condition of receiving the payment is the enrollment of the student at the institution.
"Sustenance" means living expenses including room, board, maintenance, transportation, and also possibly educational expenses including tuition, fees, books, and supplies.
who can meet the criteria established in Section 5 of this administrative regulation.
A person's father or mother; or
A court-appointed legal guardian if:
The guardianship is recognized by an appropriate court within the United States;
There was a relinquishment of the rights of the parents; and
The guardianship was not established primarily to confer Kentucky residency on the person.
Section 2: Scope.
1. State-supported post-secondary education institutions were established and are maintained by the Commonwealth of Kentucky primarily for the benefit of qualified residents of Kentucky. The substantial commitment of public resources to post-secondary education is predicated on the proposition that the state benefits significantly from the existence of an educated citizenry. As a matter of policy, access to post-secondary education shall be provided so far as feasible at reasonable cost to an individual who is domiciled in Kentucky and who is a resident of Kentucky.