Page 296 - 2012-2013 TMCC College Catalog

F-4 2012-2013 TMCC College Catalog
7. Licensed educational personnel employed full-time by
a public school district in the State of Nevada, or the spouse or
dependent child of such an employee. (B/R 11/96)
8. A teacher who is currently employed full-time by a
private elementary, secondary or postsecondary educational
institution whose curricula meet the requirements of NRS
394.130, or the spouse or dependent child of such an employee.
(B/R 11/96)
9. An alien who has become a Nevada resident by
establishing bona fide residence in Nevada and who holds a
permanent immigrant visa, or has been granted official asylum
or refugee status, or has been issued a temporary resident alien
card, or holds an approved immigration petition as a result
of marriage to a U.S. citizen. An alien holding another type of
visa shall not be classified as a resident student, except as may
be required by federal law or court decisions and upon due
consideration of evidence of Nevada residence. (B/R 6/02) (B/R
6/05)
Reclassification of Nonresident Status
There isa rebuttablepresumptionthat anonresident attending
an institution of the Nevada System of Higher Education is in the
State of Nevada for the primary or sole purpose of obtaining an
education. Therefore, a nonresident who enrolls in an institution
of the System shall continue to be classified as a nonresident
student throughout the student’s enrollment, unless and until
the student demonstrates that his or her previous residence has
been abandoned and that the student is a Nevada resident. Each
student seeking reclassification from nonresident to resident
student status must satisfy the following four conditions.
1. Application andWritten Declaration
The student must apply in writing to the appropriate Records
Office of the institution for reclassification to resident student
status. The application must include a written declaration of
intent to relinquish residence in any other state and to certify
to the establishment of bona fide residence in Nevada. A
declaration form prescribed by the Chancellor and approved by
the Board shall be utilized by each institution. The filing of a false
declaration will result in the payment of nonresident tuition for
the period of time the student was enrolled as a resident student
and may also lead to disciplinary sanctions under Chapter Six
of the Nevada System of Higher Education Code. Disciplinary
sanctions include a warning, reprimand, probation, suspension
or expulsion.
2. Bona Fide Residence in Nevada
The student, or the parents or legal guardians of the student,
must document continuous physical presence as a Nevada
resident for at least twelve (12) months immediately prior to the
date of application for reclassification. No fewer than four (4) of
the following pieces of objective evidence must be submitted
with the application for reclassification.
A. Ownership of a home in Nevada.
B. Lease of living quarters in Nevada.
C. Mortgage or rent receipts and utility receipts for the home
or leased quarters.
D. Nevada driver’s license or Nevada identification card issued
twelve (12) months prior to the date of application.
E. Nevada vehicle registration issued twelve (12) months prior
to the date of application.
F. Nevada voter registration issued twelve (12) months prior to
the date of application.
3. Financial Independence
The studentmust provide evidence of financial independence.
A dependent person whose family or legal guardian is a
nonresident is not eligible for reclassification to resident student
status. The following piece of objective evidence must be
submitted with the application for reclassification
A. A true and correct copy of the student’s federal income
tax return for the most recent tax year showing a Nevada
address. If no federal tax return has been filed because of
minimal or no taxable income, documented information
concerning the receipt of such nontaxable income must be
submitted. If the student is under the age of 24, a copy of the
parent’s or legal guardian’s tax return for the most recent tax
year must be submitted that indicates the student was not
claimed as a dependent.
4. Intent to Remain in Nevada
The student must present clear and convincing, objective
evidence of intent to remain a Nevada resident. No fewer than
three (3) of the following pieces of objective evidence must be
submitted with the application for reclassification.
A. Employment in Nevada for twelve (12) months immediately
prior to date of the application.
b. A license for conducting a business in Nevada.
C. Admission to a licensed practicing profession in Nevada.
D. Registration or payment of taxes or fees on a home, vehicle,
mobile home, travel trailer, boat or any other item of
personal property owned or used by the person, for which
state registration or payment of state tax or fee is required,
for the twelve (12) month period prior to the date of the
application.
E. A Nevada address listed on selective service registration.
F. Evidence of active savings and checking accounts in
Nevada financial institutions for at least twelve (12) months
immediately prior to the date of the application.
G. Evidence of summer term enrollment at a NSHE institution.
H. Voting or registering to vote in Nevada.
I. Any other evidence that objectively documents intent to
abandon residence in any other state and to establish a
Nevada residence.
5. The presentation by a person of one or more items of
evidence as indicia of residence is not conclusive on the issue
of residency. Determinations of residence shall be made on a
case-by-case basis and the evidence presented shall be given
the weight and sufficiency it deserves, after taking all available
evidence into consideration.
6. Because residence in a neighboring state other than
Nevada is continuing qualification for enrollment in the good
neighbor, children of alumni or WICHE Western Undergraduate
Exchange Policies at a NSHE institution, a student who was
initially enrolled in a System institution under any of those
policies shall not normally be reclassified as a resident
student following matriculation. A nonresident student who
subsequently disenrolls from the good neighbor, children of
alumni or WICHE Western Undergraduate Exchange Policy
and pays nonresident tuition for at least twelve (12) months
must apply for reclassification to resident student status. An
application for reclassification may also be submitted under
the provisions of this section if the material facts of a student’s
residency, or the parent’s or legal guardian’s residency, have
substantially changed following matriculation.
7. When a student has been reclassified to resident
student status, the reclassification shall become effective at
the registration period in the System institution immediately
following the date the student receives notice of the
reclassification decision.
8. No reclassification under these regulations shall give
rise to any claim for refund of tuition already paid to the Nevada