Massachusetts College of Art + Design Policy And Regulations for In-State and Out-of-State Residency Classification for Admission, Tuition, and Other Charge-Differential Purposes

Classification:  Determination of Residency

Each case will be decided on the basis of all facts submitted with qualitative rather than quantitative emphasis. A number of factors are required for residency to determine the intention of the person to maintain permanent residence in Massachusetts or in the case of a student receiving New England classification to maintain permanent residence in one of the other New England states. Determination of New England state status shall use the same standards of proof as instate residency status.  No single index is decisive. While students may apply for reclassification of their residency status, generally speaking the initial residency classification is likely to remain with the student throughout the student’s career at MassArt. The burden of proof rests on the student seeking classification as a Massachusetts resident.  All documents submitted become the property of the college.

Conditions for instate residency

1. It is the policy of the Massachusetts College of Art + Design to grant in-state status for admission, tuition, and other charge-differential purposes in the following cases:

 

a. Where a student is financially dependent upon a parent, parents, or spouse who has maintained a domicile in Massachusetts for at least twelve (12) consecutive months immediately prior to and including the last day available for late registration for the forthcoming semester; provided further, that such financial dependence has existed for at least twelve (12) consecutive months immediately prior to and including the last day available for late registration for the forthcoming semester. The person the student is claiming Massachusetts domicile through must sign the student's petition for in-state status. The student must reside with the parent-claiming residency.

 

b. Where a student is financially independent, and has maintained a domicile in Massachusetts for at least twelve (12) consecutive months immediately prior to and including the last day available for late registration for the forthcoming semester; provided further, that such financial independence has existed for at least twelve (12 consecutive months immediately prior to and including the last day available for the forthcoming semester. Financial independence is determined based on the total living expenses such as rent, food, clothing and Educational expenses such as tuition, fees, materials and supplies. A student demonstrates financial independence by showing proof that he/she has paid 100% of all expenses for the year immediately preceding the start of the term for which the student wishes the petition to be effective.

 

c. Where a student is the spouse or dependent child of a full-time employee of the Massachusetts College of Art + Design or a public institution of higher education in Massachusetts.

 

d. Where a student is a full-time employee of the Board of Higher Education or an employee of a Public institution higher education in Massachusetts.

 

e. Where a student is a full-time member of the Armed Forces of the United States and is stationed and residing in the Commonwealth of Massachusetts;

 

i. a dependent spouse of full-time members of the Armed Forces of the United States, stationed and residing in the Commonwealth of Massachusetts shall be granted in-state status.

 

ii. dependent children of full-time members of the Armed Forces of the United States are eligible for in-state status commencing with the academic period following the parent being stationed and residing in Massachusetts.

 

f. Where a student holds an immigrant visa he/she is eligible for classification as a resident student for tuition purposes if he/she meets the one continuous calendar year residency requirement and current visa status does not preclude the capacity to remain in the United States without applying for an extension of stay. A student who has completed an application for permanent resident status with the U>S> federal government, but whose application is in process and not yet approved, is eligible for in-state residency status if he/she meets all other residency requirements.   Resident alien information (if applicable)- Resident aliens or others holding permanent status must provide copies of either the alien registration card (both sides) or other appropriate evidence of legal status. The documentation submitted must show the date that legal status was awarded. Some suggested documents would include the following: notated White I-94 Card, stamp from USCIS in passport, Green Card or other immigration documentation. Students whose application for permanent residency is in process must provide a copy of the completed application and all supporting documents.

 

g. A refugee designated, as such under federal law is eligible for classification as a resident student for tuition purposes if he/she meets the one continuous calendar year residency requirement.

 

h. Where a student marries a financially independent resident of Massachusetts he/she shall be eligible for in-state status commencing with the academic period following the marriage. The status of the Massachusetts resident partner must meet the same residency standard, as a financially independent student would have to meet.

Conditions that result in a categorization as an out of state resident for tuition purposes

2. It is the policy of the Massachusetts College of Art + Design to attribute out-of-state status for admission, tuition, and other charge-differential purposes in all other cases including:

 

a. Foreign students in the United States on temporary student status are not eligible for classification as a resident student for tuition purposes. An individual's immigration status will not preclude the award of in-state status if that individual's immigration status has the legal capacity to remain permanently in the United States without applying for an extension of stay.

 

b. A student having his domicile elsewhere than in Massachusetts shall not be eligible for classification as a Massachusetts student for tuition purposes except as herein provided. The filing of income tax returns based on residency in another state in recent years by student or parents if student is a dependent shall be evidence of domicile elsewhere than in Massachusetts.

 

c. Receipt of any type of financial aid (loan, scholarship, grant) from a state other than Massachusetts.

 

d. In-state status is lost at any time a financially independent student or the spouse who the student receives in-state status through establishes a domicile outside the state of Massachusetts. The student shall be assessed out-of-state tuition and charges six months after the student or his or her spouse moves out of state. If the parent(s) through whom the student has attained in-state status establishes a domicile in another sate, the student shall remain eligible for in-state status as long as the student is enrolled in a degree program for continuous academic periods until the degree is obtained.

Initial Determination of Classification / Appeal process/
Written statement of residency

Written statement of residency (Must be included in any petition for a change of residency status.) Since being present in the Commonwealth solely for the purposes of carrying on a course of study does not qualify a student for in-state residency the petitioner must provide a written statement citing reasons for moving to Massachusetts. It is important that this statement provide clear and compelling reasons for presence in the state beyond the pursuit of an educational program.

1. An initial determination of in-state status for admission, tuition and other charge-differential purposes is made by the college at the time a student's application for admission is accepted at which time the student seeking in-state status should file a petition (The Admissions affidavit)  for in-state classification for admissions, tuition, and other charge-differential purposes. The determination made at that time, and any determination made thereafter, shall prevail for each subsequent semester unless the determination is successfully challenged.

2. A student may request a determination or a re-determination of his or her status by filing a Petition for In-State Classification for Admission, Tuition, and other Charge-Differential purposes (hereinafter referred to as petition). A student must meet the requirements in-state status and submit a completed petition (including all documents required therein) by the last day of late registration for the semester the student wishes to be classified as in state. No change in status requested by the student shall be given retroactive effect prior to the semester for which a timely petition was filed. A student may file only one petition per semester. Any student who does not file a petition for in-state classification shall be charged tuition and charges as an out-of-state student. The filing of a residency petition does not exempt a student from standard billing deadlines.

3. In determining domicile, the college shall take into consideration, but shall not be limited to, the following criteria as they pertain to the individual case. These criteria must be met at least twelve (12) months prior to the announced closing application date and/or the last day available for registration for the forthcoming semester by the student or by the person the student is relying on to claim in-state status.

 

a. Owning or renting and occupying real property in Massachusetts as one's residence on a year-round basis. College dormitory housing shall not be considered real property for purposes of residency determination.

 

b. Maintaining a substantially uninterrupted presence within Massachusetts for twelve (12) consecutive months including those months when the college is not in regular session.

 

c. Maintaining within the State of Massachusetts all or substantially all personal possessions.

 

d. Paying Massachusetts income tax on all earned taxable income, including all taxable income earned outside the state.

 

e. Giving Massachusetts as the home address on federal and state income tax forms.Income tax forms may make a significant contribution to the qualitative determination of residency.

 

f. Registering all owned motor vehicles in Massachusetts in accordance with Massachusetts law.

 

g. Possessing a valid driver's license, if licensed, in accordance with Massachusetts law.

 

h. If registered to vote, being so registered in Massachusetts; transferring voter registration to Massachusetts at the earliest legally permissible date. N.B. The documentation offered in these instances may be required to be in affidavit form.

4. A student requesting a determination of in-state status who asserts that he or she is financially dependent upon a parent(s) or spouse domiciled in Massachusetts or who asserts that he or she is financially independent will be required to produce by affidavit, in addition to other proof, documentation of the student's earnings for the year immediately prior to and including the last day of late registration to the semester for which the determination is requested. Such documentation shall include relevant income tax returns, statements from employers, and/or federal and state withholding forms. An affidavit showing all expenses of the student for the same period must also be submitted. The student shall provide such additional documentation and information as the college may request.

5. The burden rests upon the student to demonstrate to the satisfaction of the college that an in-state classification is appropriate.

6. In the event that inaccurate, false, and/or misleading information is presented, the college may, at its discretion, revoke any subsequent assignment of in-state status. In such case the student shall, at a minimum, be required to pay all cost differentials between in-state and out-of-state status beginning with the semester for which in-state status was obtained. In the event in-state status is assigned as a result of administrative or clerical error, the college may, at its discretion, revoke this assignment. In such case the student may be required to pay all cost differentials between in-state and out-of-state status beginning with the semester for which in-state status was erroneously assigned.

In addition, any misrepresentation, omission, or incorrect information contained in a student/applicant affidavit for in-state tuition or on an appeal petition which is stated accurately would be the basis for denial or in-state tuition shall be cause for dismissal or other disciplinary action with no right to a tuition refund. The college reserves the right to take any and all actions permitted by law in connection with false representations made in the application process.

7. A determination of in-state status is valid only if a student actually enrolls in the semester for which he or she applied. Determinations which are made in cases where the student does not actually enroll are not valid for a subsequent semester (with respect to which all requirements must be independently satisfied and a new and timely petition submitted).

8. A student shall notify the college in writing within fifteen (15) days of any change or circumstances which may alter his or her in-state classification. Additionally, upon request of the college, a student shall provide information requested pertaining to the proper continuance of his or her in-state classification.

9. The college may at anytime review the correctness of the residency status of any student and make adjustments to any residency status found to be inaccurate.

Appeals

A student who has been denied in-state classification following the submission of a petition may request a personal interview with the Campus Classification Committee in order to present any and all evidence relevant to the student's classification, and to answer questions which may have been raised about his or her status. Such request must be in writing and must be received by the college no later than ten (10) days from the date of the college's written denial of the petition. In those cases where a student is claiming financial independence the student must make the appeal. In cases where a student is claiming financial dependence, both the student and the individual with whom the dependency exists should sign the appeal.

Decisions

Decisions on requests for re-determination may require an extended period of time. It is hoped that a decision in each case will be made within ninety (90) days of a request for re-determination. During this period of time, or any further period of time required by the college, fees and charges based on the previous determination must be paid. If the determination is changed, any excess fees and charges will be refunded.

Definition of terms

1. Academic Period - a term or semester or in an academic year as prescribed by the Massachusetts College of Art + Design or college board of trustees whichever the case may be.

2. Domicile - a person's permanent place of abode, there must exist a demonstrated intent to live permanently in Massachusetts and a legal ability under federal and state law to reside permanently in the state. For purposes of this policy, only one (1) domicile may be maintained at a given time. Student housing will not be considered a permanent residence.

3. Financially Dependent - a student who receives more than half of his or her support from another person or persons, or who appears as a dependent on the federal or state income tax return of any other person, or a student who is listed as a dependent on a request for financial aid. The student must physically reside with the individual with whom the dependency exists.

4. Financially Independent - a student who receives less than half of his or her support from any other person or persons and who does not appear as a dependent of any other person on a federal or state income tax return, or any form of financial aid.

5. Parent - with respect to a person (including adoptive " father" and "mother" whenever used):

 

(a) the person's father or mother, if living together.

 

(b) if neither the father nor mother is living, the legal guardian. If no legal guardian is appointed, the person who then stands in loco parentis to the person;

 

(c) If the father and mother are divorced, the person to whom legal custody of the person is awarded: if joint custody is awarded, the parent with whom the person resides. If residency is equally divided, the parent who provides greater financial support;

 

(d) if the father and mother are divorced, separated, or unmarried and legal custody has not been awarded, or if the student lives with neither, the parent who provides greater support.

6. Residence - a place of permanent habitation.

7. Spouse - a partner in a legally constructed marriage.

Petition to Change residency status (Downloadable PDF)