Authority - Chapter XII
South Dakota Board of Regents

RESIDENCY CLASSIFICATION AND REFUNDS FOR TUITION AND FEES

The following regulations cover the circumstances under which a student may qualify for resident status for tuition purposes. Additional information is available from Michelle Kuebler, Residency Program, Administration 200 (688-4121).

Section
07:01 Definitions
07:02 Credit hour basis for tuition charges
07:03 Classification for fee and tuition purposes
07:04 Presumptions and rules for determination of status
07:05 Changes of classification
07:06 Classification of appeal procedure
07:07 Refund Policy
07:08 Hobo Dough refund policy

07:01 Definitions. Wherever used in this chapter:

07:01:01 The word "institution" means a college or university under the jurisdiction of the Board of Regents of the state of South Dakota;

07:01:02 The word "residence" denotes a person's true, fixed and permanent home and place of habitation; his legal domicile. It is the place where he intends to remain, and to which he expects to return when he leaves without intending to establish a new residence elsewhere;

07:01:03 The term "emancipated person" means a person who has attained the age of twenty one years or a person whose parents have entirely surrendered their right to the care, custody and earnings of such a person and are no longer under any legal obligation to support and maintain such a person:

07:01:04 The word "parent" means a person's father; or if has no father, his mother; or if one parent has custody of an unemancipated person, the parent having custody; or if there is a guardian or legal custodian of any unemancipated person, then such guardian or legal custodian; provided that there are no circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of in-state student on such unemancipated person;


07:01:05 Attendance at a school or schools in this state shall be deemed "continuous" if a person claiming continuous attendance has been enrolled at a school or schools in this state as a full time student, as such term is defined by the governing body of said school or schools, for a normal academic year in each calendar year, or the appropriate portion or portions of such years, thereof, since the beginning of the period for which continuous attendance is claimed. Such person need not attend summer sessions or other such intercession beyond the normal academic year in order to render his attendance "continuous";

07:01:06 The word "his" shall apply to the female as well as the male sex unless the context otherwise clearly requires.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.

07:01:07 "Non-resident student" - a student who has an established residence in a state, territory or protectorate of the United States other than South Dakota.

07:01:08 "International student" - a student who does not have an established residence in one of the states of the United States of America or in a territory or protectorate of the United States of America.

07:02 Credit hour basis of tuition charges.
All tuition charges at the institutions of higher education under the jurisdiction of the state board of regents will be on a credit hour basis.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.

07:03 Classification for Fee and Tuition Purposes.
Students enrolling in any of the state institutions shall be classified as resident, nonresident or international for admission, fee and tuition purposes by an appropriate institutional officer. The decision shall be based upon information furnished by the student and the other relevant information. The officer is authorized to require such written documents, affidavits, verifications, or other evidence as are deemed necessary to establish the residence of the student, including proof of emancipation, adoption, or of appointment of a guardian. The burden of establishing residency is upon the student. Any student may be reclassified if a change in circumstances occurs warranting such reclassification. (RR 11:03) 1977.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.

07:04 Presumptions and rules for determination of status.

07:04:01 Residence of unemancipated persons. In determining the residence status for tuition purposes, it is presumed that the residence of an unemancipated person is that of his parents. If a person's parents are separated or divorced and either parent meets the residence requirements, the person shall be considered a resident.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.

07:04:02 Establishing bonafide residency. In determining the residence status for tuition purposes, it is presumed that no student is eligible for classification as a resident for tuition purposes in an institution, unless he has been a bonafide resident, that is, a legal domiciliary of the state for at least twelve months immediately prior thereto. This requirement does not include time spent in South Dakota for the predominant purpose of attending a public college, university, or other institutions of public higher education. Acquiring such a bonafide residence involves the probability of remaining in South Dakota beyond completion of the student's education. (RR 11:05) 1977.

General Authority: 13-49-1.
Law Implemented: 13-53-6.

07:04:03 Retention of Residential Status. In determining the residence status for tuition purposes, it is presumed that once established, such a residence for tuition purposes is not lost by mere absence unaccompanied by an intention to establish a new residence as long as the person is not gone from the state for more than twelve consecutive months.

General Authority: 13-49-1.
Law Implemented: 13-53-6.

07:04:04 Employment as factor in establishing residence. In determining the residence status for tuition purposes, it is presumed that upon moving to this state, an emancipated person who is employed full time and provides percussive evidence of residence may apply for resident tuition classification for his unemancipated children, and if that person is in this state primarily for employment, the person's unemancipated children may at once be so classified, and may continue to be so classified as long as the person continues his residence in this state. The provisions of this section also apply to those active duty members of the armed services who are permanently assigned on a tour of duty in this state, and their legal dependents.

General Authority: 13-49-1.
Law Implemented: 13-56-6.


07:04:05 Status of resident students when parents leave the state. In determining the residence status for tuition purposes, it is presumed that any admitted student who is classified as a resident for tuition purposes who remains in this state when his parent, who were legal residents of the state and who have theretofore resided for at least twelve months in this state, and remove themselves from this state shall be entitled to continued classification as a resident for tuition purposes, so long as his attendance at the institution in this state shall be continuous.

General Authority: 13-49-1.
Law Implemented: 13-56-6.


07:04:06 Retention of residence while in military service. In determining the residence status for tuition purposes, it is presumed that a person in military service who lists South Dakota as his "home of record" and who, immediately upon release, returns to South Dakota to enter college, will be classified as a resident.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 14-53-6.

07:04:07 Resident status for a person who graduated from a South Dakota high school. In determining the residence status for tuition purposes, it is presumed that a person who was a South Dakota resident at the time of graduation from a South Dakota high school and lived with a parent who was also a South Dakota resident is eligible for resident tuition if such a person will begin classes no later than the fall semester of the seventh year following his graduation and his parent has lived continuously in South Dakota since his high school graduation through the time he will first attend classes.

07:04:08 Resident status for certain enrolled members of Indian tribes. In determining the residence status for tuition purposes, it is presumed that the enrolled member of South Dakota Indian tribes or enrolled members on any reservation, which extends across the South Dakota State line, will be admitted to South Dakota public colleges and universities as resident students.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.



07:05 Changes of classification.
Change in classification shall become effective upon the next registration after the reclassification is approved unless it is a correction to the semester in session. (RR 11:12) 1977.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.

07:06 Classification of appeal procedure.
The student may appeal the original classification decision by written petition to a reviewing body appointed by the President of the institution within thirty days after registration for that semester. The recommendation of the reviewing body will be submitted to the President and his decision may be appealed to the board of regents by written petition within thirty days after notification of the President's decision.

General Authority: SDCL 13-49-1.
Law Implemented: SDCL 13-53-6.


07:07 Refund Policy
Students who desire to withdraw from the University must contact Admissions, room 200, Administration Building. Charges are based on total credits and the length of time a student attends in a semester. Refunds will be issued after Final Fee collection. Allow a minimum of six weeks for processing.

Percent of tuition and fees
Date of authorized Withdrawal to be paid
First Week 20%
Second Week 20%
Third Week 40%
Fourth Week 40%
Fifth Week 75%
Sixth Week 100%

Charges are based on the entire semester cost of tuition, fees, board, and room. The charge for residence halls is at the rate of 10% per week for the first ten (10) weeks, with no refund after the 10th week. Food service refunds will be based on the unused portion of the fee at the time of refund.

Summer Session Withdrawals-8 week session
First Week 50% must be paid
After first week 100% must be paid


All Non-Standard Courses
Percent of Tuition
Date of Authorized Withdrawal And fees to be paid
Up to 13% of class days 0%
More than 13%, up to 20% of class days 50%
More than 20%, up to 26% of class days 75%
More than 26% of class days 100%



Students’ Association Fee -- The refund is determined by the Association.

Financial Aid
When a refund is due to a student, and the student has received financial aid under Title IV
Financial Aid Programs, a portion of the refund shall be returned to the program or programs.



07:08 Hobo Dough Refund Policy

07:08:01 All funds loaded through the Hobo Dough program will be carried over from
school term to school term. At the point you graduate or terminate your studies at SDSU, you may request a refund of the remaining funds by stopping at the Food Service Main Office in room 155 of the Student Union. All balances greater than $5.00 will be returned. If you have less than $5.00 remaining on your card, we will not issue a refund but encourage you to spend the balance out. Any funds not requested for refund after 90 days from your termination of agreement will become the property of South Dakota State University.



Revised: July 1999