RESIDENCY INFORMATION
RESIDENCY AND FEES OF STUDENTS ATTENDING OR APPLYING FOR ADMISSION TO EDUCATIONAL INSTITUTIONS
Provided below is the state law regarding residency and assessing of fees by colleges. If you have further questions about your status, please contact the Registrar.
SEC. 37-103-1. Standards to be applied in determining residency.
The board of trustees of each junior college in this state, the board of trustees of state institutions of higher learning, and the administrative authorities of each institution governed by said boards, in ascertaining and determining the legal residence of and tuition to be charged any student applying for admission to such institutions shall be governed by the definitions and conditions set forth in sections 37-103-1 to 37-103-23.
SEC. 37-103-3. Residency requirement for purpose of being admitted as state resident; definition of residence.
No student may be admitted to any junior college or institution of higher learning as a resident of Mississippi unless his residence has been in the State of Mississippi preceding his admission. Residence shall be as defined in Sections 37-103-7 and 37-103-13 unless excepted in this chapter.
SEC. 37-103-5. Residence status of person entering state for purpose of attendance at educational institution.
A person who has entered the State of Mississippi from another state and enters an educational institution is considered a nonresident. Even though he may have been legally adopted by a resident of Mississippi, or may have been a qualified voter, or a landowner, or may otherwise have sought to establish legal residence, except as otherwise provided in Section 37-103-25(2), such a person will still be considered as being a nonresident of Mississippi if he has entered this state for the purpose of enrolling in an educational institution.
SEC. 37-103-7. Legal residence of minor.
The residence of a person less than twenty-one years of age is that of the father. After the death of the father, the residence of the minor is that of the mother. If the parents are divorced, the residence of the minor is that of the parent who was granted custody by the court; if custody was not granted, the residence continues to be that of the father. If both parents are dead, the residence of the minor is that of the last surviving parent at the time of that parent's death, unless the minor lives with a legal guardian of his person duly appointed by a proper court of Mississippi, in which case his residence becomes that of the guardian.
SEC. 37-103-9. Residence status of children of parents employed by educational institutions.
Children of parents who are members of the faculty or staff of any institution under the jurisdiction of the board of trustees of any junior college in this state or the Board of Trustees of State Institutions of Higher Learning may be classified as residents for the purpose of attendance at the institution where their parents are faculty or staff members.
SEC. 37-103-11. Effect of removal of parents from state.
If the parents of a minor who is enrolled as a student in a junior college or in an institution of higher learning move their legal residence from the State of Mississippi, the minor shall be immediately classified as a nonresident student.
SEC. 37-103-13. Legal residence of adult.
The residence of an adult is that place where he is domiciled, that is, the place where he actually physically resides with the intention of remaining there indefinitely or of returning there permanently when temporarily absent.
SEC. 37-103-15. Legal residence of married person.
A married person may claim the residence status of his or her spouse, or he or she may claim independent residence status under the same regulations set forth in section 37-103-13 as any other adult.
SEC. 37-103-17. Residence status of military personnel assigned to active duty and stationed in state.
37-103-17. Members of the United States Armed Forces on extended active duty and stationed within the State of Mississippi and members of the Mississippi National Guard may be classified as residents, for the purpose of attendance at state-supported institutions of higher learning and community and/or junior colleges of the State of Mississippi. Resident status of such military personnel who are not legal residents of Mississippi, as defined in Section 37-103-13, shall terminate upon their reassignment for duty in the continental United States outside the State of Mississippi.
SEC. 37-103-19. Residence status of children of military personnel assigned to active duty.
Resident status of children of members of the armed forces on extended active duty shall be that of the military parent for the purpose of attending state-supported institutions of higher learning and junior colleges of the State of Mississippi during the time that their military parents are stationed within the State of Mississippi and shall be continued through the time that military parents are stationed in an overseas area with last duty assignment within the State of Mississippi, excepting temporary training assignments en route from Mississippi. Resident status of minor children shall terminate upon reassignment under Permanent Change of Station Orders of their military parents for duty in the continental United States outside the State of Mississippi, excepting temporary training assignments en route from Mississippi.
SEC. 37-103-21. Military certificate.
A military person on active duty stationed in Mississippi who wishes to avail himself or his dependents of the provisions of section 37-103-17, must submit a certificate from his military organization showing the name of the military member; the name of the dependent, if for a dependent; the name of the organization of assignment and its address (may be in the letterhead); that the military member will be on active duty stationed in Mississippi on the date of registration at the state-supported institution of higher learning or junior college of the State of Mississippi; that the military member is not on transfer orders; and the signature of the commanding officer, the adjutant, or the personnel officer of the unit of assignment with signer's rank and title. A military certificate must be presented to the registrar of the state-supported institution of higher learning or junior college of the State of Mississippi each semester or tri-semester at (or within ten days prior to) registration each semester for the provisions of said section to be effective.
SEC. 37-103-23. Classification of aliens.
All aliens are classified as nonresidents
SEC. 37-103-25. Tuition and fees for attending state-supported institutions of higher learning and junior colleges; waiver of out-of-state tuition for nonredidents who were born in Mississippi and are veterans of the Armed Forces.
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The Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are * * * authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.
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(2) Except as otherwise provided in this subsection, the total tuition to be paid by residents of other states shall not be less than the average cost per student from appropriated funds. However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:
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The nonresident student was born in the State of Mississippi but subsequently relocated and resided outside the state as a minor under the care of the minor's father or mother, or both;
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The nonresident student is a veteran who served in the Armed Forces of the United States; and
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The nonresident student is domiciled in Mississippi no later than six (6) months after the nonresident student's separation from service, as evidenced by a Report of Separation from Military Service or other military discharge document, for the purpose of enrolling in a state institution of higher learning or a community or junior college.
SEC. 37-103-27. Responsibility for registration under proper residence status; presentation of false evidence of residence status. The responsibility for registering under his proper residence status is placed upon the student. In addition to any administrative action which may be taken by the governing authorities of the state-supported institutions of higher learning or junior colleges concerned, any student who wilfully presents false evidence as to his residence status shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined not to exceed one hundred dollars ($100.00).
SEC. 37-103-29. Consideration of applications of nonresidents for admission. Nothing in this chapter shall be construed to provide that the board of trustees of state institutions of higher learning or the board of trustees of any junior college is required to consider for admission the application of a nonresident.
