Section 1720-01-01-.04 - [Effective 12/25/2024] OUT-OF-STATE STUDENTS WHO ARE NOT REQUIRED TO PAY OUT-OF-STATE TUITION(1) An unemancipated, currently enrolled student shall be reclassified out-of-state should his or her parent, having theretofore been domiciled in the State, remove from the State. However, such student shall not be required to pay out-of-state tuition nor be treated as an out-of-state student for admission purposes so long as his or her enrollment at a public higher educational institution or institutions shall be continuous.(2) An unemancipated person whose parent is not domiciled in this State but is a member of the armed forces and stationed at Fort Campbell pursuant to military orders shall be classified out-of-state, but shall not be required to pay out-of-state tuition. Such a person, while in continuous attendance toward the degree for which he or she is currently enrolled, shall not be required to pay out-of-state tuition if his or her parent thereafter is transferred on military orders.(3) Part-time students who are not domiciled in this State but who are employed full-time in the State shall be classified out-of-state but shall not be required to pay out-of-state tuition. This shall apply to part-time students who are employed in the State by more than one employer, resulting in the equivalent of full-time employment.(4) A member of the U.S. Armed Forces on active duty for more than thirty (30) days and who has a permanent duty station in the State of Tennessee (or the spouse or dependent child of such a member) who should be classified out-of-state in accordance with other provisions of these regulations will be classified out-of-state but shall not be required to pay out-of-state tuition. This provision shall continue to apply to such a member, spouse, or dependent child while continuously enrolled at that public higher education institution, notwithstanding a subsequent change in the permanent duty station of the member to a location outside the State.(5) A person who is domiciled in the Kentucky counties of Fulton, Hickman, or Graves shall be classified out-of-state and shall not be required to pay out-of-state tuition at The University of Tennessee at Martin if qualified for admission. This exemption is on condition that Murray State University in Murray, Kentucky, continues to admit Tennessee residents from selected Tennessee counties to enroll at that institution without payment of out-of-state tuition.(6) Any dependent child not domiciled in Tennessee but who qualifies and is selected to receive a scholarship under the "Dependent Children Scholarship Act" (T.C.A. § 49-4-704) because his or her parent is a law enforcement officer, fireman, or emergency medical service technician who was killed or totally and permanently disabled while performing duties within the scope of employment, shall be classified out-of-state but shall not be required to pay out-of-state tuition.(7) A veteran, or any individual entitled to the veteran's educational benefits, enrolled in any public institution of higher education in this State shall not be required to pay out-of-state tuition or any out-of-state fee, if the veteran or the eligible individual: (a) Is eligible for post-9/11 GI Bill benefits or Montgomery GI Bill benefits; and(b) Enrolls in a public institution of higher education, after satisfying all admission requirements, within three (3) years after the date of discharge as reflected on the veteran's certificate of release or discharge from active duty, Form DD-214, or an equivalent document. To continue to qualify for in-state tuition and fees after three (3) years have passed from the date of discharge as reflected on the veteran's certificate of release or discharge from active duty, Form DD-214, or an equivalent document, a veteran or eligible individual shall:
(a) Maintain continuous enrollment (as defined by the public institution of higher education in which the veteran is enrolled); and(b) Demonstrate objective evidence of established residency in this State by presenting at least two (2) of the following:1. Register to vote in the State of Tennessee; or2. Demonstrate by objective evidence intent to be a resident of the State of Tennessee by obtaining at least two (2) of the following: (i) Proof of voter registration in this State;(ii) A Tennessee driver license;(iii) A Tennessee motor vehicle registration;(iv) Proof of established employment in this State; or(v) Other documentation clearly evidencing domicile or residence in the state, as determined by THEC.(8) Students not domiciled in Tennessee but who are selected to participate in institutional undergraduate honors programs specified by the public higher education institution in which the student is enrolled shall be classified out-of-state but shall not be required to pay out-of-state tuition.(9) A "covered individual" under the federal Veterans Access, Choice, and Accountability Act of 2014, Public Law 113-146, who maintains continuous enrollment at the same public institution of higher education.Tenn. Comp. R. & Regs. 1720-01-01-.04
Original rule filed November 23, 1976; effective December 23, 1976. Repeal and new rule filed May 27, 1986; effective August 12, 1986. Amendment filed October 18, 1989; effective January 29, 1990. Amendment filed October 19, 1995; effective February 28, 1996. Repeal and new rule filed May 27, 2015; effective August 25, 2015. Amendments filed December 28, 2016; effective March 28, 2017. Emergency rule filed 6/28/2024; exp. through 12/25/2024 (Emergency).Authority: T.C.A. §§ 49-7-1304, 49-7-1305, 49-9-105, 49-9-209, and 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; Public Acts of Tennessee, 1807, Chapter 64; 20 U.S.C. § 1015d; and 38 U.S.C. § 3679.