5.21 – Resident Classification

The burden of establishing that a student is exempt from non-resident fees is upon the student. Student fees will be assessed according to the following provisions:


  1. Resident Classification


    1. Definitions


      1. Domicile – Presence within a district with an intent of making that district a permanent home for an indefinite period.

      2. Residency or Resident Status – That status which is achieved when sufficient proof of a domicile within a district is presented.

      3. Adult Student – Any student who has attained the age of twenty-one years.

      4. Unemancipated Minor Student – Any student who has not attained the age of twenty-one years and who is under the care, custody, or support of the individual or individuals who have legal custody of the student.

      5. Emancipated Minor Student – Any student who has not attained the age of twenty-one years but who is not under the care, custody, or support of an individual or individuals who have legal custody of the student.

      6. District – The Ozarks Technical Community College district consists of the following component school districts: Springfield (public and private), Willard, Nixa, Rogersville, Republic, Strafford, Ozark, Ash Grove, Fordland, Marshfield, Walnut Grove, Pleasant Hope, Everton, and Clever.

      7. District Resident – A person whose residence is within the district.

      8. Non-District Missouri Resident – A person whose residence is in Missouri, but not in the district.

      9. Non-Resident – A person whose residence is in the United States, but not within the state of Missouri. (See In-State Missouri Residency policy for details.)

  2. Resident Status


    1. Adult Student
      If an adult student who is not a resident of the district presents sufficient proof of the establishment of a domicile:
      Within the district, that student will be considered a district resident at the first enrollment following the establishment of that domicile.
      Within the state of Missouri, that student will be considered a non-district Missouri resident at the first enrollment following the establishment of that domicile.

    2. Unemancipated Minor Students
      The domicile of an unemancipated minor student is presumed to be that of the individual or individuals having legal custody of the student
      If those having legal custody of the student establish a domicile within the district, that student will be considered a district resident at the first enrollment following the establishment of the domicile.
      Once an unemancipated minor student has established resident status under this rule, he/she may continue to qualify for resident status as long as he/she remains continuously enrolled in the OTC district (excluding summer terms), even if the individual or individuals having legal custody of the unemancipated minor student cease to hold that residency status.

    3. Emancipated Minor Students
      The domicile of emancipated minor students will be determined as if they were adults.
      A minor may become emancipated through marriage, formal court action, abandonment, or positive action of alienation on the part of the minor. Mere absence of the student from the domicile of the individual or individuals having legal custody of the minor shall not constitute proof of emancipation. In no instance will a minor student be eligible for emancipation as long as that student is taken as an income deduction by a second party other than a spouse.

    4. Members of the Military Forces
      Students will neither gain nor lose resident status solely as a consequence of military service.

    5. District Residency
      If a person on active duty with the military is stationed within the district pursuant to military orders, that individual as well as the spouse and unemancipated minor children will be considered district residents.

    6. Missouri Residency
      If a person on active duty with the military is stationed within Missouri but outside the district pursuant to military orders, that individual as well as the spouse and unemancipated minor children will be considered non-district Missouri residents.

    7. Exception
      If a member of the military forces is assigned under orders to attend a Missouri institution of higher education as a full-time student, that person as well as the spouse and unemancipated minor children will be classified as if they had no connection with the military forces.

    8. Non-Citizens of the United States
      Before students who are not citizens of the United States are considered for resident status, they must be classified as resident aliens by federal authority.
      Aliens who are in the district or Missouri as representatives of a foreign government or who are in the district or Missouri at the convenience of the government of the United States or the state of Missouri, and who hold a visa will be entitled to resident status unless they are government-funded students.
      Aliens and their dependents holding A or L visas may be granted resident status if it is determined that they are designated individually as representatives of their government and that their education is not being funded by that government.

  3. Factual Criteria for Determining In-District Resident Status


    1. Evidence of Eligibility
      Attendance at an institution of higher education will be regarded as temporary presence in the district so that a student neither gains nor loses resident status solely by such attendance.

    2. Definitive Evidence
      The following evidence will be sufficient proof of domicile in the district.


      1. Presence within the district for a period of three months and sufficient proof of intent to make the district a permanent home for an indefinite period.

      2. Presence within the district for the purpose of retirement, full-time employment, professional practice, or conducting a business full-time.

    3. Supporting Evidence
      In determining whether a student intends to make the district a permanent home for an indefinite period, employees of the district will give the following evidence heavy weight but will not regard it as conclusive.


      1. Continuous presence in the district during those periods when the person is not enrolled as a student.

      2. Marriage to a district resident and maintenance of a common domicile with the resident spouse.

      3. Substantial reliance on sources within the district for financial support.

      4. Former domicile within the district and maintenance of significant connections while absent.

      5. Ownership of a home within the district.

    4. Other Evidence
      The following factors indicating an intent to make the district a permanent home for an indefinite period will be given less weight than those in the previous section. Only in borderline cases will these factors be determinative.


      1. Registration for voting.

      2. Part-time employment.

  4. In-State Residency for Fee Purposes
    The following policy was developed by the Missouri Coordinating Board for Higher Education and adopted by the Ozarks Technical Community College Board of Trustees.


    1. In-State Residency Policy
      The burden of establishing that a student is exempt from paying the non-resident tuition fees is upon the student.
      A person is not considered as having established residence if his/her primary purpose in coming to Missouri was to attend school. A student from another state who has enrolled for a full program (12 hours or more) or a substantially full program will be presumed to be in Missouri primarily for educational purposes and will be considered not to have established Missouri residence for the purpose of this rule. Continued residence during vacation periods or occasional periods of interruption of the course of study does not in itself overcome the presumption.

    2. Definitions


      1. Domicile shall mean presence within a state with an intent of making said state a permanent home for an indefinite period.

      2. Residency or Resident Status shall mean that status which is achieved when sufficient proof of a domicile within a state is presented.

      3. Adult Student shall mean any student having attained the age of twenty-one (21) years.
        If it is clearly shown that an adult student, not a resident, came to Missouri for purposes other than attending school, that he/she lived in Missouri for not less than twelve (12) consecutive months doing those things one usually does in making a place a permanent home, and that school attendance was only incidental to other primary activities carried on in the state, he/she may be considered to have established a resident in Missouri.

      4. Emancipated Minor Student shall mean any student not having attained the age of twenty-one (21) years and who is not under the care, custody, and support of an individual or individuals having legal custody. The domicile of emancipated minor students shall be determined as if they were adults. A minor may become emancipated through marriage, formal court action, abandonment, or positive action of alienation on the part of the minor. In all instances, alienation from care, custody, and support shall be complete and the burden of satisfactory proof of emancipation shall be that of the minor student. Mere absence of the student from the domicile of the individual or individuals having legal custody of that minor student shall not constitute proof of emancipation. In no instance shall a minor student be eligible for emancipation when that student is taken as an income tax deduction by a second party other than a spouse

      5. Unemancipated Minor Student – The domicile of an unemancipated minor is presumed to be that of the individual or individuals having legal custody of said student. If those having legal custody of the student establish a Missouri domicile, that student shall be granted resident status at the first enrollment following the establishment of the Missouri domicile. Once an unemancipated minor student has established resident status under this rule, he may continue to qualify for resident status so long as he remains continuously enrolled, excluding summer terms, in a Missouri institution of higher education, even if the individual or individuals having legal custody of the unemancipated minor student cease to hold Missouri resident status.

      6. Members of the Military Forces – Students shall neither gain nor lose resident status solely as consequence of military service. For the purpose of student resident status, military personnel, when stationed within the state of Missouri pursuant to military orders, their spouses and unemancipated minor children shall be regarded as holding Missouri resident status. However, a member of the military forces who is specifically assigned, under orders, to attend a Missouri institution of higher education as a full-time student, shall be classified, along with their spouses and unemancipated minor children, as if they had no connection with the military forces.

      7. Non-Citizens of the United States – Students who are not citizens of the United States must possess resident alien status, as determined by federal authority, prior to consideration for resident status. Aliens present within Missouri as representatives of a foreign government or at the convenience of the United States or Missouri governments and holding G visas shall be entitled to resident status, except for those who are government-funded students. Aliens and their dependents holding A or L visas may be granted resident status if determined to be individually designated as representatives of their governments and whose education is not government funded.

    3. Factual Criteria in Determination of Resident Status
      Attendance at an institution of higher education shall be regarded as a temporary presence within the state of Missouri; therefore, a student neither gains nor loses resident status solely by such attendance. The burden of proof of establishing eligibility for Missouri resident status shall rest with the student.

      1. In determining resident status for the state of Missouri, either of the following shall be sufficient proof of domicile of a person and his/her dependents within the state of Missouri.


        1. Presence within the state of Missouri for a minimum of the twelve (12) immediate past consecutive months, coupled with proof of intent to make the state of Missouri a permanent home for an indefinite period.

        2. Presence within the state of Missouri for the primary purpose of retirement, full-time employment, full-time professional practice, or to conduct a business full time.

      2. In determining whether a student holds an intent to make the state of Missouri a permanent home for an indefinite period, the following factors, although not conclusive, shall be given heavy weight.


        1. Continuous presence in the state of Missouri during those periods not enrolled as a student.

        2. Presence within the state of Missouri upon marriage to a Missouri resident and the maintenance of a common domicile with the resident spouse.

        3. Substantial reliance on sources within the state of Missouri for financial support.

        4. Former domicile within the state and maintenance of significant connections while absent; and ownership of a home within the state of Missouri.

      3. The twelve (12) month period of presence within the state does not establish resident status in the absence of the required proof of intent.

    4. Other Factors
      The following factors indicating an intent to make the state of Missouri a permanent home for an indefinite period shall be given less weight than those above and include:

      1. Voting or registration for voting.

      2. Part-time employment.

      3. Lease of living quarters.

      4. A statement of intention to establish a domicile in Missouri.

      5. Automobile registration or operator’s license in Missouri.

      6. Payment of income, personal, and property taxes in Missouri.

        Only in borderline cases shall these factors become determinative.

        For those non-residents who pay Missouri income tax, the non-resident student fee shall be credited in an amount equal to the actual Missouri income tax paid for the previous calendar year except that the remaining obligation shall not be less than the amount of the resident student fee. Unemancipated minor students are eligible by reason of payment of Missouri income tax by the non-resident individual or individuals having legal custody of said students. Students entering in January shall be regarded as entering in the fall for purposes of determining previous calendar year. For students entering after January, previous year means immediate past calendar year. Students eligible for this tax credit should write or call:

        Finance Office
        Ozarks Technical Community College
        1001 East Chestnut Expressway
        Springfield, MO 65802-3625
        (417) 447-7500

        The waiver or forgiveness of a non-resident student fee, in full or in part, shall have no bearing on the resident status of a student and shall not be a basis for classification of a non-resident student as a resident.


  5. Resident Status Appeal

    Student residency status is determined at the time of admission to OTC according to the above policy. Any questions concerning the policy or its interpretation should be directed to the Director of Admissions.

    Students dissatisfied with the interpretation may appeal to the Vice Chancellor for Academic Affairs. If dissatisfaction still persists, an appeal may be made to the Committee on Residence. The determination made by this committee is final and shall be communicated to the student in writing.

    If residency status has changed since admission to OTC, the student must contact the Registrar’s Office.


  6. Penalty for False Residence Information

    Any student who intentionally gives false or inaccurate information on a residency form or who fails to inform the College of a change which alters residence classification will be subject to the following penalties.
    1. Dismissal from the College.
    2. Academic records will not be certified to any agency until the student has paid the district the difference between the fees and tuition due and the amount paid.
    Revised 3/13/06