Section 1540-01-01-.05 - OUT-OF-STATE PERSONS WHO ARE PERMITTED TO PARTICIPATE AS IN-STATE PERSONS(1) An unemancipated, currently enrolled student shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in this State, remove from this State. However, such student shall be permitted to participate in Commission programs as if they were classified in-state so long as his or her enrollment at a public or private higher educational institution or institutions shall be continuous.(2) An unemancipated person whose parent is not domiciled in this State but whose parent is a member of the armed forces and stationed in this State or at Fort Campbell pursuant to military orders shall be classified out-of-state but shall be permitted to participate in Commission programs as if they were classified in-state. Such person's status, while in continuous attendance toward the degree for which he or she is currently enrolled, shall not be affected should his or her parent thereafter be transferred on military orders.(3) A person whose domicile is in a county of another state lying immediately adjacent to Montgomery County, or whose place of residence is within thirty (30) miles of Austin Peay State University shall be classified out-of-state but shall be permitted to participate in Commission programs as if they were classified in-state. Provided, however, that there be no teacher's college or normal school within the non-resident's own state, of equal distance to said non-resident's bona fide place of residence.(4) Part-time students who are not domiciled in this State but who are employed full-time in the State, or who are stationed at Fort Campbell pursuant to military orders, shall be classified out-of-state but shall be permitted to participate in Commission programs as if they were classified in-state.(5) Military personnel and their spouses stationed in the State of Tennessee who would be classified out-of-state in accordance with other provisions of these regulations will be classified out-of-state but shall be permitted to participate in Commission programs as if they were classified in-state. This provision shall not apply to military personnel and their spouses who are stationed in this State primarily for educational purposes.(6) Persons from the counties of Fulton, Hickman, and Graves in the Commonwealth of Kentucky shall be permitted to participate in Commission programs as if they were classified in-state on the condition that Murray State University in Murray, Kentucky, continue to admit Tennessee residents from selected Tennessee counties to enroll at that institution without payment of out-of-state tuition, as is being done at this time.(7) Persons whose bona fide place of residence is in Mississippi County, Arkansas, or either Dunklin County or Pemiscot County, Missouri, shall be permitted to participate in Commission programs as if they were classified in-state.(8) Active-duty military personnel who begin a degree program while stationed in Tennessee or Ft. Campbell, Kentucky and are deployed or transferred prior to completion of their degree program may continue to enroll in the Tennessee institution and be classified as out-of-state residents, but shall be permitted to participate in Commission programs as if they were classified in-state residents. This classification remains in effect as long as he / she completes at least one (1) course for credit each twelve (12) month period after the transfer or deployment. Exceptions may be made in cases where the service member is deployed to an area of armed conflict for periods exceeding twelve (12) months.Tenn. Comp. R. & Regs. 1540-01-01-.05
Original rule filed March 26, 1974; effective April 24, 1974. Repeal and new rule filed September 29, 1988; effective December 28, 1988. Amendment filed July 30, 2001; effective November 28, 2001.Authority: T.C.A. §§49-3607, 49-7-203, and 49-7-301.