Student Domicile Regulations as Determined by The Board of Governors State System
of Higher Education.
507.1 General Provisions
University. The term "university" shall mean any of the fourteen universities now
constituting the Pennsylvania State System of Higher Education, as enumerated at 24
P.S. Sections 20-2001 et seq., and such other universities as may hereinafter be admitted
to the State System of Higher Education in accordance with law.
Domicile. The term "domicile" shall mean the place where one intends to reside permanently
or indefinitely and does, in fact, so reside.
Student. The term "student" shall mean any individual enrolled in any program, course,
or course of study in a university.
Tuition Fee. The term "tuition fee'' shall mean the instructional fee established
by the Board of Governors for Pennsylvania residents attending the universities, and
the tuition assessed residents of other states attending the universities.
Clear and Convincing Evidence. The term "clear and convincing evidence" shall mean
evidence sufficient to convince a reasonable mind that a fact sought to be proved
is more likely than not true.
The universities shall, subject to the provisions of these regulations, determine
the residential classification of all students. Students who are domiciled in Pennsylvania
shall be assessed the tuition fee applicable to Pennsylvania residents, and all other
students shall be assessed the tuition fee applicable to non-residents.
507.3 Determination of Domicile
Domicile is the place where one intends to reside either permanently or indefinitely
and does, in fact, so reside. The presumptions and forms of evidence set forth hereafter
shall be considered by the universities in making their determinations.
Continuous residence in Pennsylvania for a period of 12 months prior to registration
as a student at an institution of higher education in Pennsylvania creates a presumption
of domicile. A student is presumed not to be a domiciliary if he/she has resided for
a shorter period before attending an institution of higher education, but may rebut
this presumption by clear and convincing evidence.
Students who are not United States citizens, and have nonimmigrant visas or lack a
visa, are presumed not to be domiciled in Pennsylvania, but they may rebut this presumption
by clear and convincing evidence.
A minor is presumed to have the domicile of his or her parents or guardian. The age
of majority for establishing a domicile for tuition purposes is 22. However. a minor
may prove financial emancipation and thereby prove Pennsylvania domicile through clear
and convincing evidence.
A United States government employee or a member of the armed forces who was domiciled
in Pennsylvania immediately preceding entry into government service and who has continuously
maintained Pennsylvania as his or her declared legal residence, shall be presumed
to have a Pennsylvania domicile. Nonresidents stationed in Pennsylvania for military
service shall be deemed Pennsylvania domiciliaries.
A student receiving a scholarship, loan or grant, dependent upon maintaining domicile
in a state other than Pennsylvania, is presumed to be domiciled in the state from
which he/she is receiving financial aid.
The following factors may be considered as evidence of domiciliary intention but may
be given such weight as the finder of fact, given the circumstances of the case may
assign to them:
Lease or purchase of a permanent, independent residence within Pennsylvania by the
Payment of appropriate state and local taxes. Special attention should be given to
payment of Pennsylvania taxes on income earned during periods of temporary absence
Transfer of bank accounts, stocks, automobiles, and other registered property to Pennsylvania
from another state.
Procurement of a Pennsylvania driver's license.
Procurement of a Pennsylvania motor vehicle registration.
Agreement for permanent, full-time employment in Pennsylvania.
Membership in social, civic, political, athletic, and religious organizations located
Registration to vote in Pennsylvania.
A sworn statement by the student or his/her parents or guardian in the case of a minor
declaring his/her intention to make Pennsylvania his/her residence either permanently
or for an indefinite period of time.
A sworn statement from the parents or guardian of a minor setting forth facts to establish
the minor's financial independence and separate residence.
Each case shall be decided on the basis of all facts submitted, with qualitative rather
than quantitative emphasis. No given number of factors is required for domicile since
the determination in each case is one of the subjective intention of the student to
reside permanently or indefinitely in Pennsylvania.
507.4 Procedures for Reclassification
Any student may challenge the university's determination of his/her domicile. Challenges
shall be made in accordance with the following-stated procedures:
Any student who is dissatisfied with the university's determination of his/her classification
may challenge it by filing a written petition with the university officer or committee
designated by the university president to consider such challenges within thirty days
after issuance of the determination. The petition shall contain a statement of reasons
in support of the student's claim of Pennsylvania domicile and any supporting documentation
the student may wish to submit. Untimely petitions shall not be considered.
The university shall date stamp all petitions on the date of receipt.
The student shall also execute a data form which shall be provided the university
by the Office of the Chancellor.
When a student's petition is denied, the university officer or committee which considered
it shall issue a written statement of the reasons for its decision and transmit it
to the student's last known address by means of first class mail. The date of mailing
shall be set forth on the face of the written decision, but failure to do so shall
not invalidate the decision.
Any student who is dissatisfied with the decision made by such officer or committee
in response to his/her petition, may appeal it by sending a written appeal to the
Office of the Chancellor of the State System of Higher Education, Dixon University
Center, 2986 North Second Street, Harrisburg, PA 17110.
The written appeal must be received by the Office of the Chancellor within thirty
days of the date the university's decision was mailed to the student. The written
appeal shall set forth the reasons why the student feels the university's decision
The Office of the Chancellor shall notify the university of the appeal. Upon such
notice, the university shall transmit to the Chancellor, or his/her designee, copies
of the student's data form and its statement of reasons. Additionally, the Chancellor
or his designee may require the student and the university officer or committee to
meet to stipulate as to all undisputed facts.
The student and the university may submit written arguments in support of their positions
to the Chancellor or his/her designee in accordance with such limitations as that
office may prescribe.
The Chancellor or his/her designee shall issue a written decision granting or denying
the student's appeal and shall transmit it to the student and the university by first
Within the State System of Higher Education the decision of the Chancellor shall be
507.6 Effective Dates of Reclassification
Any reclassification which occurs because a petition or appeal is granted shall be
effective the date it is determined that the student became a Pennsylvania domiciliary.
If a petition or appeal was filed while the student was not enrolled, the reclassification
shall be effective the next semester or term in which the student is taking course
Involuntary reclassification made in accordance with Section157.7(2) shall be effective
as of the date on which the university determines that the student has changed permanent
residences and is no longer a Pennsylvania domiciliary. Students who change domiciles
between semesters or terms shall be reclassified the next semester or term of enrollment.
The Chancellor may, for good cause and at his/her discretion, vary the effective dates
507.7 Change of Domicile
A student who changes his or her domicile from Pennsylvania to another state shall
promptly give notice to the university.
A university may reclassify a student in the event it believes he or she is no longer
a Pennsylvania domiciliary. The student may challenge such a determination under the
procedure provided herein.