James A. Rhodes State College

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Residency Requirements    [Ohio Residency Rule]

In conformity with the policy definitions and rules adopted by the Ohio Board of Regents, the following guidelines are used by James A. Rhodes State College to determine Ohio residency.

A resident of Ohio "for other legal purposes" shall mean any person who maintains a 12-month place or places of residence in Ohio, who is qualified as a resident to vote in Ohio and receive welfare benefits, and who may be subject to tax liability under Section 5747.02 of the Revised Code; provided such a person has not, within the time prescribed by this rule, declared himself or herself to be or allowed himself or herself to remain a resident of any other state or nation for any of these or other purposes.

1. Ohio Residency Defined

The following persons shall be classified as residents of the state of Ohio for tuition surcharge purposes:

1. Dependent students, at least one of whose parents or legal guardian has been a resident of the state of Ohio for all other legal purposes for 12 consecutive months or more immediately preceding the enrollment of such student in an institution of higher education.
2. Persons who have resided in Ohio for all other legal purposes for at least 12 consecutive months preceding their enrollment in an institution of higher education and who are not receiving, and have not directly or indirectly received in the preceding 12 consecutive months, financial support from persons or entities who are not residents of Ohio for all other legal purposes.
3. Persons who are dependent children of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full time employment and established a domicile in Ohio.  Documentation of full-time employment and domicile will be required.

2. Specific Exceptions and Circumstances

1. A person who is living and is gainfully employed on a full-time or part-time and self-sustaining basis in Ohio and who is pursuing a part-time program of instruction at an institution of higher education shall be considered a resident of Ohio for these purposes.
2. A person who enters upon active duty status in the United States military service while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile.
3. A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her dependents shall be considered residents of Ohio for these purposes.
4. A person who is transferred by his employer beyond the territorial limits of the fifty states of the United States and this District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile as long as such person has fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.
5. A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered a resident for these purposes provided such person has worked in Ohio at least four months during each of the three years preceding the proposed enrollment.
6. A person who was considered a resident under this rule at the time the person started a community service position as defined under this rule, and his or her spouse and dependents shall be considered residents of ohio while in service and upon completion of service in the community service position.
   • "Community Service Position" shall mean a position volunteering or working for: VISTA, AmericCorps, City Year, the Peace Corps, or any similar program as determined by the Ohio Board of Regeants; or
   • An elected or appointed public official for a period of time not exceeding 24 consecutive months.
7. A person who returns to the state of Ohio due to marital hardship, takes or has taken legal steps to end a marriage, and reestablishes financial dependence upon a parent or legal gaurdian ( receives greater than 50% of his or her support from the parent or legal gaurdian), and his or her dependents shall be considered residents of Ohio.
8. A person who is a member of the Ohio National Gaurd and who is domiciled in Ohio, and his or her spouse and epenedents, shall be considered residents of Ohio while the person is in the Ohio National Guard.
9. A dependent person classified as a resident of Ohio for these purposes under definition 1 of Ohio Residency Defined and who is enrolled in an institution of higher education when his or her parents or legal gaurdian removes their residencyfrom the state of Ohio shall continue to be considered a resident during continuous full-time enrollment and until his or her completion of any academic degree program.
10. In considering residency, removal of the student or the student's parents or legal guardian from Ohio shall not, during a period of twelve months following such removal, constitute reliquishment of Ohio residency status otherwise established under definition 1 and 2 of Ohio Residency Defined.
11. for students who qualify for residency under definition 3 of Ohio Residency Defined, residency status is lost immediately if the employed person upon whom resident student status was based accepts employment and establishes domicile outside of Ohio less than twelve months after accepting employment and establishing domicile in Ohio.
12. Any person once classified as a non-resident, upon the completion of 12 consecutive months of residency in Ohio for all other legal purposes, may apply to the institutions he or she attends for reclassification as a resident of Ohio for these purposes.  Should such a person present clear and convincing proof that no part of his or her financial support is, or in the preceding 12 consecutive months, has been provided directly or indirectly by persons or entities who are not residents of Ohio for all other legal purposes, he or she may be reclassified as a resident.  Evidentiary determinations shall be required, such as the submission of information regarding the student's actual financial support, affidavits and other documentary evidence deemed necessary by the institution.
13. Any reclassification of a person who was once classified as a non-resident for these purposes shall have the prospective application only from the date of such reclassification.
14. For the purpose of determing residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities, an individual's immigration status will not preclude an individual from obtaining resident status if that individual has the current legal status to remain permanently in the United States. 
15. Any institution of higher education charged with reporting student enrollment to the Ohio Board of Regents for state subsidy purposed and assessing the tuition surcharge shall provide individual students with a fair and adequate opportunity to present proof of his or her residency.  The institution may require the submission of affadavits and other documentary evidence which it may deem necessary to a full and complete determination of residency.