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Statutes

Residency Overview – Statutes and Attorney General Opinions 2018 Summer Data Conference Liz Bolin, Special Assistant Attorney General Mississippi Attorney General’s Office. Statutes. Title 37, Chapter 103 Residency of students attending or applying for admission to educational institutions.

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Statutes

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  1. Residency Overview – Statutes and Attorney General Opinions2018 Summer Data ConferenceLiz Bolin, Special Assistant Attorney GeneralMississippi Attorney General’s Office

  2. Statutes • Title 37, Chapter 103 • Residency of students attending or applying for admission to educational institutions

  3. Statutes • Miss. Code Ann. Section 37-103-1 through 37-103-29 address residency

  4. Section 37-103-3 • No student admitted to any junior college as a resident of Mississippi unless residence has been in the State of Mississippi preceding admission • Residence is defined in Section 37-103-7 and 37-103-13

  5. Section 37-103-7 • Addresses legal residence of minor students for purposes of determining whether the student pays out-of-state or in-state tuition • Residence of person under 21 is that of the father, mother, or a general guardian appointed by a Mississippi Court • If a court has granted custody of the minor to one parent, the residence of the minor is that of the parent granted custody.

  6. Section 37-103-7 (cont’d) • If both parents are deceased, the residence is that of the last surviving parent at the time of that parent’s death, unless, the minor lives with a general guardian appointed by a Mississippi Court. • In that case, the minor’s residence becomes that of the guardian.

  7. Section 37-103-7 (cont’d) • A student residing in Mississippi who presents a transcript showing graduation from a Mississippi secondary school and who has been a secondary school student in Mississippi for not less than the final four years of secondary school attendance is not required to pay out-of-state tuition. • This last sentence of 37-103-7 does not state that a student meeting this criteria is considered a resident. MS AG Op., Rogers (August 21, 2015).

  8. Section 37-103-9 • Children of parents who are members of the faculty or staff of any junior college may be classified as residents for purposes of attendance at the institution where the parent is employed.

  9. 37-103-11 • Minor enrolled at a junior college will immediately be classified as a nonresident if his parents move their legal residence from Mississippi.

  10. Sections 37-103-13; 37-103-15 • Residence of an adult is where he is domiciled; “the place where he actually physically resides with the intent of remaining there indefinitely or of returning there permanently when temporarily absent.” • A married person may claim the residence of his or her spouse.

  11. Other Exceptions • MPACT Beneficiaries (Section 37-155-5(d)(iii) • Military personnel (Section 37-103-17, 19)

  12. When residency questions arise… • Determination of residency comes down to facts. • Take each scenario on a case by case basis. • There is not a one size fits all solution or answer. • Many variables come into play. • When questions arise, seek legal guidance from the college’s attorney.

  13. Attorney General Opinions • College may seek an Official Opinion of the Attorney General if a question of law exists. • An Opinion cannot be used to determine factual matters. • See Miss. Code Ann. Section 7-5-25

  14. Residency Opinions • MS AG Op., Rogers (August 21, 2015) • Does a student maintain resident status if the minor student attended all four years of high school in Mississippi but the student’s parents move out of state while the student is in college? • Section 37-103-11(enrolled resident minor immediately classified as non-resident if parents mover their legal residence from MS.) • Section 37-103-7(student for final four years of MS secondary who graduates from that school not required to pay out of state tuition.)

  15. Residency Opinions • MS AG Op., Rogers (August 21, 2015) (cont’d) • Student would be considered a non-resident (Section 37-103-11) who would not be required to pay out-of-state tuition (Section 37-103-7). • Section 37-103-7 does not state secondary school student is resident but rather that he is not required to pay out-of-state tuition.

  16. Residency Opinions • MS AG Op., Stoncypher (August 13, 2007) • MS AG Op., Evans (September 7, 2007) • Undocumented aliens do not qualify for in-state tuition

  17. Thank you! Mississippi Attorney General’s Office 601-359-3680 www.ago.state.ms.us

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