| (a) Special Conditions for Minors or Dependents.
(1) Abandoned child. In the case of an abandoned child, the
residence of a person who has stood in loco parentis for a period of time
may determine the residence. The fact of abandonment must be clearly established
and must not have been for the purpose of effecting the residence of the minor.
The minor must have actually resided in the home of such person for two years
immediately prior to enrolling in a Texas public institution of higher education
and such person must have provided substantially all the minor's support.
In the event that the in loco parentis relationship has not existed for the
full two year period, a shorter period of time is acceptable in unusual hardship
cases, such as death of both parents.
(2) Orphans. A public institution of higher education shall
classify orphans as residents if the orphans graduated from established orphans
homes in Texas operated by a fraternal, religious or civic organization after
living there for at least a year, and resided in Texas from the time they
graduated from the home until they enrolled in the institution.
(3) Emancipated Minors. A minor who has been legally emancipated
may establish his or her claim to residency following the rules applicable
to independent individuals 18 years of age or older.
(4) Married Minors. Minors who are married may establish their
own claim to residency following the rules applicable to independent individuals
18 years of age or older.
(5) Minors or Dependents Enrolled before the Parents Move out
of State. If a resident minor or dependent is enrolled in a public institution
of higher education in Texas when the parents move out of state, the minor
or dependent is eligible, although now a nonresident, to continue paying the
resident tuition rate as long as he or she continues to enroll in Texas public
institutions in the following fall and spring semesters. Vacation time spent
with the parents does not jeopardize the students' eligibility for this waiver.
The dependent or minor students must enroll for the next available fall or
spring semester immediately following the parents' change of residence to
another state.
(b) Waivers that Allow Nonresidents to Register While Paying
the Resident Tuition Rate.
(1) Economic Development and Diversification. Nonresidents,
(including citizens and permanent residents of the U.S. and foreign students
eligible to domicile in the United States, but excluding foreign students
ineligible to domicile in the U.S.) whose families have been transferred to
Texas by a company in keeping with the state's Economic Development and Diversification
Program are entitled (although still nonresidents) to pay the resident tuition
rate as soon as they move to Texas if they provide the college a letter of
intent to establish Texas as their home. If a semester begins before the rest
of the family moves to the state, the student may register and pay the resident
tuition rate if he/she provides the college a letter from the company, indicating
the family will move to Texas prior to the end of the given semester. However,
in order to pay resident tuition for a second semester, the student will have
to give the college a letter from the company, indicating the family has,
indeed, moved to Texas. After the family has resided in Texas 12 months, the
student is eligible to apply for reclassification as a resident. A current
list of eligible companies is maintained on the Coordinating Board web site
at www.collegefortexans.com.
(2) Teachers, Professors, their Spouses and Dependents. Nonresidents
(including citizens and permanent residents of the U.S. and all foreign students)
employed as teachers and professors at least half time on a regular monthly
salary basis (not as hourly employees) by public institutions of higher education
in Texas are entitled to pay the resident tuition rate at any public institution
of higher education in the state for themselves, their spouses and children
regardless of how long they have lived in the state. It is the intent of this
rule that the employment and waiver last for the same period of time. If the
spouse or children attend an institution other than the one employing the
teacher or professor, they must provide proof of his or her current employment
to the college they attend.
(3) Research and Teaching Assistants, their Spouses and Dependents.
Nonresidents (including citizens and permanent residents of the U.S. and all
foreign students) employed by public institutions of higher education as research
or teaching assistants on at least a half-time basis in a position related
to their degree programs are entitled to pay the resident tuition rate at
any public institution of higher education in the state for themselves, their
spouses and children regardless of how long they have lived in the state.
The institutions that employ the students shall determine whether or not the
students' jobs relate to their degree programs. It is the intent of this rule
that the employment and waiver last for the same period of time. If the spouse
or children attend an institution other than the one employing the research
or teaching assistant, they must provide proof of his or her current employment
to the college they attend.
(4) Competitive Scholarship Recipients.
(A) Nonresidents (including citizens and permanent residents
of the U.S. and all foreign students) who receive eligible competitive scholarships
from their institutions totaling at least $1,000 may be granted a waiver of
nonresident tuition for the period of time covered by the scholarship, not
to exceed 12 months.
(B) To be eligible as the basis of a waiver, the scholarship(s)
must meet the following criteria:
(i) be granted by a scholarship committee authorized in writing
by the institution's administration to grant scholarships that hold the waiver
option;
(ii) be granted in keeping with criteria published in the institution's
catalog, available to the public in advance of any application deadline;
(iii) be granted under circumstances that cause both the funds
and the selection process to be under the control of the institution;
(iv) be open to both resident and nonresident students.
(C) A waiver based on a competitive scholarship lasts for the
period of the scholarship (up to a 12-month period). The scholarship award
must specify the term or terms in which the scholarship will be in effect.
If the scholarship is terminated, so is the waiver. If the scholarship is
to be issued in multiple disbursements and less than $1,000 is issued when
a scholarship is terminated, the student does not owe a refund for the tuition
that has been waived, since the waiver was originally made in a good faith
expectation of a scholarship of at least $1,000, but the waiver is canceled
for the terms for which the scholarship is canceled.
(D) The total number of students receiving waivers on the basis
of competitive scholarships in any given term may not exceed 5 percent of
the students enrolled in the same semester in the prior year.
(E) If the scholarship recipient is concurrently enrolled at
more than one institution, the waiver of nonresident tuition is only effective
at the institution awarding the scholarship. An exception for this rule exists
for a nonresident student who is simultaneously enrolled in two or more institutions
of higher education under a program offered jointly by the institutions under
a partnership agreement. If one of the partnership schools awards the student
a competitive scholarship-based waiver, the student is also entitled to a
waiver at the second institution.
(F) If a nonresident or foreign student holds a competitive
academic scholarship or stipend and is accepted in a clinical biomedical research
training program designed to lead to both a doctor of medicine and doctor
of philosophy degree, he or she is eligible to pay the resident tuition rate.
(5) Homeless Individuals. A homeless individual who resides
in Texas for the 12-month period immediately preceding the date of registration,
but who does not have a permanent residence in Texas, may enroll in vocational
education courses at a public junior college by paying the resident tuition
rate. Documentation for a homeless individual may consist of written statements
from the office of one or more legitimate social service agencies located
in Texas, attesting to the provision of services to the homeless individual
over the previous 12-month period.
(6) Lowered Tuition for Individuals from Bordering States or
Mexico.
(A) Based on Reciprocity. Waivers of nonresident tuition made
through each of the following three programs for students from states neighboring
Texas must be based on reciprocity. In other words, the Texas institution
cannot lower tuition for in-coming students unless it has on file a current
written agreement with a similar school in the other state, to lower tuition
for Texas students attending there. A participating Texas institution is required
to file a copy of such agreements with the Coordinating Board. To be valid,
the agreements may not be more than 2 years old. The amount charged in-coming
nonresident students through these programs may not be less than the Texas
resident Cont'd... |
