• 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.
  • Preponderance of the evidence means the greater weight of evidence, or evidence which is more credible and convincing to the mind.
  • Residence means the place of abode of a person and the place where the person is physically present most of the time for a non-educational 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 an institution, and includes student employment by the institution or a graduate assistantship.
  • Sustenance means
  • Living expenses, such as room, board, maintenance, and transportation; and (b) Educational expenses, such as tuition, fees, books, and supplies.
  • Section 2. Scope.
  • State-supported postsecondary 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 postsecondary 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 postsecondary education shall be provided so far as feasible at reasonable cost to a qualified individual who is domiciled in Kentucky and who is a resident of Kentucky.
  • In accordance with the duties established in KRS 164.020, the Council on Postsecondary Education may require a student who is neither domiciled in nor a resident of Kentucky to meet higher admission standards and to pay a higher level of tuition than resident students.
  • Unless otherwise indicated, this administrative regulation shall apply to all student residency determinations, regardless of circumstances, including residency determinations made by:
  • The state-supported institutions for prospective and currently-enrolled students:
  • The Southern Regional Education Board for contract spaces;
  • Reciprocity agreements, if appropriate;
  • The Kentucky Virtual University;
  • Academic common market programs:
  • The Kentucky Educational Excellence Scholarship Program; and
  • Other state student financial aid programs, as appropriate.
  • Section 3. Determination of Residency Status; General Rules.
  • A determination of residency shall include:
  • An initial determination of residency status by an institution:
  • During the admission process;
  • Upon enrollment in an institution for a specific academic term; or
  • For admission into a specific academic program;
  • A reconsideration of a determination of residency status by an institution based upon a changed circumstance; or (c) A formal hearing conducted by an institution upon request of a student after other administrative procedures have been completed.
  • An initial determination of residency status shall be based upon:

The facts in existence when the credentials established by an institution for admission for a specific academic term have been received and during the period of review by the institution;

Information derived from admissions materials;

If applicable, other materials required by an institution and consistent with this administrative regulation; and (d) other information available to the institution from any source.

An individual seeking a determination of Kentucky residency status shall demonstrate that status by a preponderance of the evidence.

A determination of residency status shall be based upon verifiable circumstances or actions.

Evidence and information cited as the basis for Kentucky domicile and residency shall accompany the application for a determination of residency status.

A student classified as a nonresident shall retain that status until the student is officially reclassified by an institution.

A student may apply for a review of a determination of residency status once for each academic term.

If an institution has information that a student's residency status may be incorrect, the institution shall review and determine the student's correct residency status.

If the Council on Postsecondary Education has information that an institution's determination of residency status for a student may be incorrect, it may require the institution to review the circumstances and report the results of that review.

The University

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