Learn about residency requirements for in-state tuition and state financial aid in Washington State. Understand the determination process, ways to establish domicile, and how financial independence is assessed for student residency. Get insights into key considerations and processes outlined by the Washington Student Achievement Council.
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
Residency 101 Gail Wootan, Washington Student Achievement Council Associate Director of Academic Affairs & Policy AUGUST 2, 2018
Washington Student Achievement Council We advance educational opportunities and attainment in Washington State. Residency In-state tuition State financial aid State Financial Aid Programs WASFA 2 Washington Student Achievement Council
Agenda Determination process Financial independence vs. dependence Domicile Special populations Takeaways 3 Washington Student Achievement Council
Determination process Public institutions have an appointed residency officer who makes residency decisions. School is final say on residency decision. WSAC cannot override. Only residency officer should be giving residency advice. Private schools do not have residency officers financial aid officer has to play that role 4 Washington Student Achievement Council
Basic questions If no to 1 and 2, which part of residency law applies? Evidence of residency outside WA? Where? Non-resident by definition? 5 Washington Student Achievement Council
Primary ways to meet residency requirements RCW 28B.15.012(2): Domicile established through actions such as WA driver s license, vehicle registration and voter registration One year waiting period starts after last action has been taken to establish domicile (a)Independent students must maintain a domicile in Washington for one year for purposes other than education. Domicile established through actions such as WA driver s license, vehicle registration and voter registration One year waiting period starts after last action has been taken to establish domicile (b)Dependent students must have at least one parent or guardian who has maintained a domicile in Washington for one year. One year waiting period starts after last action has been taken to establish domicile 6 Washington Student Achievement Council
Determining financial independence or dependence Did student receive significant financial assistance in previous or current calendar year? Was student claimed on taxes in previous or current calendar year? If no to both If yes to either Dependent (b) Independent (a) 7 Washington Student Achievement Council
Dependent student residency Parent(s) or legal guardian(s) must show they established a WA domicile through certain actions Even if support is not coming from a parent (except spouse) Once last action is taken, parent(s) must show they maintained the WA domicile for at least one year prior to first day of class Parents include legal guardians, stepparents, and state if ward of the court 8 Washington Student Achievement Council
Determining independence or dependence Did student receive significant financial assistance in previous or current calendar year? Was student claimed on taxes in previous or current calendar year? If no to both If yes to either Dependent (b) Independent (a) 9 Washington Student Achievement Council
Independent student residency Student must show they established a WA domicile through certain actions Once last action is taken, student must show they maintained the WA domicile for at least one year prior to first day of class Must be here primarily for purposes other than educational Can take no more than 6 credits per term 10 Washington Student Achievement Council
Evidence for or against independence Student's sworn statement Tax returns and W2 Parents tax returns Insurance coverage State or financial assistance Sale of property Inheritance Trust funds Spouse s earnings Gifts Loans 11 Washington Student Achievement Council
Domicile and residency a two step process MAINTAIN that domicile for one year ESTABLISH a domicile Determine if person ESTABLISHED a WA domicile by looking at actions taken (driver s license, voter reg, etc). The date the last action was taken is the day domicile was ESTABLISHED. Once domicile is established, person must MAINTAIN their WA domicile for at least one year prior to classes starting. Leaving the state is allowed, but only if they don t take steps to establish a domicile elsewhere! Step 1 Step 2 12 Washington Student Achievement Council
Step 1: Establishing domicile Intent to permanently reside Physical presence Domicile Almost anyone can establish WA domicile This includes undocumented parents Does not include B, C, D, F, J, M visas, which require domicile elsewhere Can only have one domicile in US at a time Burden of proof lies with the student 13 Washington Student Achievement Council
How to prove establishment of WA domicile Domicile established by a variety of factors. Most common: Driver s license Voter registration Vehicle registration Lease/mortgage Address on taxes/W2 Job in WA Bank account No one factor (including a driver s license) shows the establishment of a new domicile, although one factor may show that a person retained domicile elsewhere. 14 Washington Student Achievement Council
Case by case determinations WAC 250-18-030WAC 250-18-030: The weight assigned to any given factor should depend on the ease with which it might be established and the degree to which it demonstrates commitment to domicile as a matter of common sense and as part of the individual's overall circumstances. Greater indication of domicile Easy factor to establish May not be strong indicator of domicile Difficult factor to establish 15 Washington Student Achievement Council
Other possibilities Do they meet RCW 28B.15.012(2)(d)? 28B.15.012(2)(d) 75% junior/senior H.S. year in WA Parent(s) domiciled in WA for one year within 5 years of graduation Enroll within 6 months of graduation Doesn t require financial dependence Do they meet HB 1079 (regardless of citizenship)? 16 Washington Student Achievement Council
Other pathways to resident tuition Undocumented students and other non-citizens Military, veterans and dependents Oregon border county students Students from US territories and certain Pacific Islands Students from certain tribes 17 Washington Student Achievement Council
Non-US Citizens/Permanent Residents Can be considered for resident tuition when they: Meet HB 1079 Have current or expired Deferred Action for Childhood Arrivals (DACA) status Have an unexpired Employment Authorization Document (EAD) Are Permanently Residing Under Color of Law (PRUCOL) Have E, H, L, U, and T visas (and a lot of other visas) 18 Washington Student Achievement Council
Options for Undocumented Students 2012 federal executive order Allows certain young people to avoid deportation for a two- year period and work in U.S. Federal government rescinded on 9/5/17, but injunctions have kept it alive. No longer accepting new apps. DACA 2003 Washington State law Gives certain undocumented students in-state tuition. Any student can qualify. U.S. citizens, permanent residents, non-citizens, F visa students. HB 1079 19 Washington Student Achievement Council
HB 1079 residency standard Live in WA for 36 consecutive months right before earning WA H.S. diploma or equivalent. High school graduates must complete full senior year at WA H.S. Continuously live in WA after earning diploma or equivalent until admittance to college. Sign affidavit saying they will file permanent resident app when eligible. 20 Washington Student Achievement Council
HB 1079 process If student qualifies, they fill out affidavit. Residency questionnaire not needed. No additional documentation required unless conflicting info, including: Admission materials indicate non-WA high school Students who lived elsewhere during 1079 time period Non-WA address in admission materials 21 Washington Student Achievement Council
DACA residency standard (a)Independent students (residency definition) must maintain a domicile in Washington for one year for purposes other than education. Same residency process as US citizens in WA DACA (current or expired) (b)Dependent students (residency definition) must have at least one parent or guardian who has maintained a domicile in Washington for one year. Undocumented parents can have a WA domicile. 22 Washington Student Achievement Council
Other pathways to resident tuition Undocumented students and other non-citizens Military, veterans and dependents Oregon border county students Students from US territories and certain Pacific Islands Students from certain tribes 23 Washington Student Achievement Council
Military members, veterans and dependents Active duty military members stationed in WA and their dependents. WA National Guard members and certain dependents Active duty military/WA National Guard (and dependents) who are stationed outside of WA but are WA residents Certain veterans/dependents who enroll in school within 3 years of separation. Certain dependents of service members who died in the line of duty. Dependents who have post-9/11 GI Bill benefits from someone on active duty. 24 Washington Student Achievement Council
After decision is made Student s classification remains unchanged unless there is evidence to the contrary. If incorrect information submitted results in an improper residency classification, schools must recover lost tuition or refund overpaid tuition, whatever the case may be. 25 Washington Student Achievement Council
Residency requirements for state financial aid Student who meets through primary ways or HB 1079 Meets residency requirements for all state aid programs, including: State Need Grant College Bound Passport to College State Work Study 26 Washington Student Achievement Council
Takeaways One year waiting period starts on day last domiciliary action is taken Independence/dependence definition different from FAFSA Independent students look at their domicile; check credits taken Dependent students look at parent s domicile even if assistance comes from someone else ANY student can get residency through HB 1079 Many non-citizens can get resident tuition Weird situation? Contact Gail! 27 Washington Student Achievement Council
Gail Wootan Associate Director of Policy and Planning gailw@wsac.wa.gov 360-753-7890
