Ohio Revised Code
Chapter 3333 | Department of Higher Education
Section 3333.31 | Rules for Determining Student Residency.

Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) For state subsidy and tuition surcharge purposes, status as a resident of Ohio shall be defined by the chancellor of higher education by rule promulgated pursuant to Chapter 119. of the Revised Code. No adjudication as to the status of any person under such rule, however, shall be required to be made pursuant to Chapter 119. of the Revised Code. The term "resident" for these purposes shall not be equated with the definition of that term as it is employed elsewhere under the laws of this state and other states, and shall not carry with it any of the legal connotations appurtenant thereto. Rather, except as provided in divisions (B), (C), (D), (F), and (G) of this section, for such purposes, the rule promulgated under this section shall have the objective of excluding from treatment as residents those who are present in the state primarily for the purpose of attending a state-supported or state-assisted institution of higher education, and may prescribe presumptive rules, rebuttable or conclusive, as to such purpose based upon the source or sources of support of the student, residence prior to first enrollment, evidence of intention to remain in the state after completion of studies, or such other factors as the chancellor deems relevant.
(B) The rules of the chancellor for determining student residency shall grant residency status to a veteran and to the veteran's spouse and any dependent of the veteran, if both of the following conditions are met:
(1) The veteran either:
(a) Served one or more years on active military duty and was honorably discharged or received a medical discharge that was related to the military service;
(b) Was killed while serving on active military duty or has been declared to be missing in action or a prisoner of war.
(2) If the veteran seeks residency status for tuition surcharge purposes, the veteran has established domicile in this state as of the first day of a term of enrollment in an institution of higher education. If the spouse or a dependent of the veteran seeks residency status for tuition surcharge purposes, the veteran and the spouse or dependent seeking residency status have established domicile in this state as of the first day of a term of enrollment in an institution of higher education, except that if the veteran was killed while serving on active military duty, has been declared to be missing in action or a prisoner of war, or is deceased after discharge, only the spouse or dependent seeking residency status shall be required to have established domicile in accordance with this division.
(C) The rules of the chancellor for determining student residency shall grant residency status to both of the following:
(1) A veteran who is the recipient of federal veterans' benefits under the "All-Volunteer Force Educational Assistance Program," 38 U.S.C. 3001 et seq., or "Post-9/11 Veterans Educational Assistance Program," 38 U.S.C. 3301 et seq., or any successor program, if the veteran meets all of the following criteria:
(a) The veteran served at least ninety days on active duty.
(b) The veteran enrolls in a state institution of higher education, as defined in section 3345.011 of the Revised Code.
(c) The veteran lives in the state as of the first day of a term of enrollment in the state institution of higher education.
(2) A person who is the recipient of the federal Marine Gunnery Sergeant John David Fry scholarship or transferred federal veterans' benefits under any of the programs described in division (C)(1) of this section, if the person meets both of the following criteria:
(a) The person enrolls in a state institution of higher education.
(b) The person lives in the state as of the first day of a term of enrollment in the state institution of higher education.
In order for a person using transferred federal veterans' benefits to qualify under division (C)(2) of this section, the veteran who transferred the benefits must have served at least ninety days on active duty or the service member who transferred the benefits must be on active duty.
(D) The rules of the chancellor for determining student residency shall grant residency status to a service member who is on active duty and to the service member's spouse and any dependent of the service member while the service member is on active duty. In order to qualify under division (D) of this section, the rules shall require the student seeking in-state tuition rates to live in the state as of the first day of a term of enrollment in the state institution of higher education, but shall not require the service member or the service member's spouse or dependent to establish domicile in this state as of the first day of a term of enrollment in an institution of higher education.
(E) The rules of the chancellor for determining student residency shall not deny residency status to a student who is either a dependent child of a parent, or the spouse of a person who, as of the first day of a term of enrollment in an institution of higher education, has accepted full-time employment and established domicile in this state for reasons other than gaining the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall include both of the following documents:
(1) A sworn statement from the employer or the employer's representative on the letterhead of the employer or the employer's representative certifying that the parent or spouse of the student is employed full-time in Ohio;
(2) A copy of the lease under which the parent or spouse is the lessee and occupant of rented residential property in the state, a copy of the closing statement on residential real property of which the parent or spouse is the owner and occupant in this state or, if the parent or spouse is not the lessee or owner of the residence in which the parent or spouse has established domicile, a letter from the owner of the residence certifying that the parent or spouse resides at that residence.
Residency officers may also evaluate, in accordance with the chancellor's rule, requests for immediate residency status from dependent students whose parents are not living and whose domicile follows that of a legal guardian who has accepted full-time employment and established domicile in the state for reasons other than gaining the benefit of favorable tuition rates.
(F)(1) The rules of the chancellor for determining student residency shall grant residency status to a person who enrolls in an institution of higher education and establishes domicile in this state, regardless of the student's residence prior to that enrollment and satisfies either of the following conditions:
(a) The person, while a resident of this state for state subsidy and tuition surcharge purposes, graduated from a high school in this state or completed the final year of instruction at home as authorized under section 3321.04 of the Revised Code.
(b) The person meets all of the following criteria:
(i) The person officially withdrew from a school in this state while the person was a resident of this state for state subsidy and tuition surcharge purposes.
(ii) The person has not received a high school diploma or honors diploma awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the Revised Code or a high school diploma awarded by a school located in another state or country.
(iii) The person, while a resident of this state for state subsidy and tuition surcharge purposes, both took a high school equivalency test and was awarded a certificate of high school equivalence.
(2) The rules of the chancellor for determining student residency shall not grant residency status to an alien if the alien is not also an immigrant or a nonimmigrant.
(G) The rules of the chancellor for determining student residency status shall grant residency status to a person to whom all of the following apply:
(1) The person, while not a resident of this state for state subsidy and tuition surcharge purposes, lives in this state and completes a bachelor's degree program at an institution of higher education in this state.
(2) The person, upon completing that bachelor's degree program, immediately enrolls in a graduate degree program, as determined appropriate by the chancellor, offered at any state institution of higher education.
(3) The person, while enrolled in the graduate degree program, resides in this state.
The chancellor's rules adopted under this section shall define "immediately" for the purposes of division (G) of this section.
(H) As used in this section:
(1) "Dependent," "domicile," "institution of higher education," and "residency officer" have the meanings ascribed in the chancellor's rules adopted under this section.
(2) "Alien" means a person who is not a United States citizen or a United States national.
(3) "Immigrant" means an alien who has been granted the right by the United States bureau of citizenship and immigration services to reside permanently in the United States and to work without restrictions in the United States.
(4) "Nonimmigrant" means an alien who has been granted the right by the United States bureau of citizenship and immigration services to reside temporarily in the United States.
(5) "Veteran" means any person who has completed service in the uniformed services, as defined in section 3511.01 of the Revised Code.
(6) "Service member" has the same meaning as in section 5903.01 of the Revised Code.
(7) "Certificate of high school equivalence" means either of the following:
(a) A certificate of high school equivalence awarded by the department of education under division (A) of section 3301.80 of the Revised Code;
(b) The equivalent of a certificate of high school equivalence awarded by the state board of education under former law, as defined in division (C)(1) of section 3301.80 of the Revised Code.
Last updated August 2, 2021 at 11:19 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3333 | Department of Higher Education

Section 3333.01 | Ohio Board of Regents - Advisory Role - Terms.

Section 3333.011 | Board Members, Staff and Employees - Prohibited Activities.

Section 3333.012 | References to Ohio Board of Regents.

Section 3333.02 | Board Meetings and Duties.

Section 3333.021 | Filing Fiscal Analysis With Proposed Rules.

Section 3333.03 | Department of Higher Education; Chancellor of Higher Education.

Section 3333.032 | Annual Report of Board of Regents.

Section 3333.04 | Chancellor - Powers and Duties.

Section 3333.041 | Submitting Annual Report on Number of Graduates of Ohio School Districts at State Institutions of Higher Education, Percentage Needing Remedial Courses, and Other Information to Governor and General Assembly.

Section 3333.042 | Grants for Nonprofit Entity That Provides Aerospace Research, Education and Technology.

Section 3333.043 | Community Service Programs.

Section 3333.044 | Contracting With Consultants - Liability Insurance.

Section 3333.045 | Model for Training University and College Trustees and Regents as to Authority and Responsibilities.

Section 3333.046 | Exempting Certain Programs From Regulation as Proprietary Schools.

Section 3333.047 | Student Financial Aid Program Audits.

Section 3333.048 | Educator Preparation; Metrics and Programs.

Section 3333.049 | Reading Endorsement Programs; Instruction in Computer Science and Computational Thinking.

Section 3333.0410 | Use the Student's Data Verification Code Required.

Section 3333.0411 | Reports for Teacher Preparation Programs.

Section 3333.0412 | Private University Exempt From Liability for Certain Breach of Confidentiality.

Section 3333.0413 | Inventory of Education Programs Focusing on Workforce Development and Training.

Section 3333.0414 | Opioid and Other Substance Abuse Prevention Instruction.

Section 3333.0415 | Annual Report Regarding Attainment Goal 2025.

Section 3333.0416 | Investigation of Fees Charged by State Institutions.

Section 3333.0417 | Statewide Educational Plan for Preventing Hazing.

Section 3333.0418 | Mental Health and Wellness Report.

Section 3333.05 | Chancellor to Approve Plans and Charter of Community Colleges.

Section 3333.051 | Applied Bachelor's and Nursing Bachelor's Degree Programs at Two-Year Institutions.

Section 3333.052 | Community College Acceleration Program.

Section 3333.06 | State Plan - Federal Grants.

Section 3333.07 | Restrictions on State Institutions.

Section 3333.071 | Restricting Expenditures for Land or Capital Improvements.

Section 3333.073 | Program Viability Analysis.

Section 3333.08 | Appropriating Property.

Section 3333.09 | Conveyances - Lease-Back Agreements.

Section 3333.10 | Granting Aid to Nonprofit Medical, Osteopathic and Dental Schools.

Section 3333.11 | Department of Family Practice.

Section 3333.111 | Department or Office of Geriatric Medicine.

Section 3333.12 | Instructional Grant Program.

Section 3333.121 | Instructional Grant Reconciliation Fund.

Section 3333.122 | Ohio College Opportunity Grant Program.

Section 3333.123 | Ohio College Opportunity Grant Program - Funding Preferences and Priorities.

Section 3333.124 | Ohio College Opportunity Grant Program Reserve Fund.

Section 3333.125 | Commercial Truck Driver Student Aid Program.

Section 3333.126 | Supplemental Ohio College Opportunity Grants.

Section 3333.127 | Second Chance Grant Program.

Section 3333.14 | Public Post High School Technical Education Programs.

Section 3333.15 | Establishment of University Branch by Chancellor.

Section 3333.16 | Universal Course Equivalency Classification System for State Institutions of Higher Education.

Section 3333.161 | Statewide System for Articulation Agreements Among State Institutions of Higher Education for Transfer Students Pursuing Teacher Education Programs.

Section 3333.162 | Criteria, Policies, and Procedures for Transfer of Courses.

Section 3333.163 | Standards for College Credit Based on Advanced Placement Test Scores.

Section 3333.164 | College Credit for Military Training, Experience, and Coursework.

Section 3333.165 | Annual Report.

Section 3333.166 | Transfer of Credits.

Section 3333.167 | College Credit for High School Students Enrolled in Career-Technical Planning Districts.

Section 3333.168 | Guaranteed Transfer Pathways; Joint Academic Programming; Dual Enrollment.

Section 3333.17 | Reciprocal Contracts With Institutions in Neighboring States for Tuition and Fees.

Section 3333.171 | Reciprocity Agreement With Midwestern Higher Education Compact.

Section 3333.172 | Endorsement of Midwest Student Exchange Program.

Section 3333.18 | Reciprocal Contracts With Institutions in Neighboring States for Financial Aid Funds.

Section 3333.19 | Foreign Exchange Students - Tuition and Fees.

Section 3333.20 | Educational Service Standards for Community Colleges, University Branches, Technical Colleges and State Community Colleges.

Section 3333.21 | Academic Scholarship Program - Basis of Award.

Section 3333.22 | Award and Renewal of Scholarship - Leave of Absence.

Section 3333.23 | Scholastic Record Sent to Chancellor - Suspension or Revocation of Scholarship.

Section 3333.25 | Academic Scholarship Payment Fund.

Section 3333.26 | Waiving Tuition for Child or Spouse of Public Service Officer Killed in Line of Duty.

Section 3333.28 | Nurse Education Assistance Program - Fund.

Section 3333.29 | Facilitation of Communication, Cooperation, and Partnerships Among State Institutions of Higher Education With Nursing Education Programs.

Section 3333.30 | Web Site Access to Career Information.

Section 3333.301 | Fafsa Completion Tracking System.

Section 3333.31 | Rules for Determining Student Residency.

Section 3333.311 | Residency of Veterans and Veterans' Spouses.

Section 3333.32 | Conditions for Resident Status.

Section 3333.33 | Establishment of Tuition Guarantee Program.

Section 3333.34 | College-Level Certificates Transferable to College Credit.

Section 3333.342 | Certificates of Value.

Section 3333.35 | Cooperative Efforts With State Board of Education.

Section 3333.36 | Allocation of Funds for Certain Scholarships.

Section 3333.37 | Outstanding Scholarship, Priority Needs Fellowship Program Definitions.

Section 3333.371 | Purposes of Scholarship and Fellowship Programs.

Section 3333.372 | Outstanding Scholarship and Priority Needs Fellowship Programs.

Section 3333.373 | Scholarship Rules Advisory Committee.

Section 3333.374 | Rules Establishing Scholarship Policy Guidelines.

Section 3333.375 | Ohio Outstanding Scholarship and Ohio Priority Needs Fellowship Programs Payment Funds.

Section 3333.38 | Ineligibility for Student Financial Assistance Supported by State Funds.

Section 3333.39 | Teach Ohio Program.

Section 3333.391 | Ohio Teaching Fellows Program.

Section 3333.392 | Scholarships; Termination; Repayment.

Section 3333.40 | Midwestern Higher Education Compact.

Section 3333.41 | Members of Midwestern Higher Education Commission.

Section 3333.42 | Nonresident Student Military Personnel Tuition.

Section 3333.421 | Ohio Hidden Hero Scholarship Programs.

Section 3333.43 | Statements for Three-Year Baccalaureate Degrees.

Section 3333.44 | Postsecondary Globalization Liaison.

Section 3333.45 | Partnership to Provide Competency - Based Education Programs.

Section 3333.50 | Critical Needs Rapid Response System.

Section 3333.55 | Health Information and Imaging Technology Workforce Development Pilot Project.

Section 3333.59 | Bonds.

Section 3333.60 | Choose Ohio First Scholarship Definitions.

Section 3333.61 | Choose Ohio First Scholarship Program.

Section 3333.613 | Choose Ohio First Scholarship Reserve Fund.

Section 3333.615 | Elimination of Certain Choose Ohio First Scholarship Components.

Section 3333.62 | Competitive Process for Program Awards.

Section 3333.63 | Meeting Prior to Making Awards - Proposal Summary Review.

Section 3333.64 | Fiscal and Distributive Goals; Work-Based Learning Requirement.

Section 3333.65 | Award Recipients to Enter Use Agreement.

Section 3333.66 | Scholarship Amounts.

Section 3333.68 | College Proposal Preference for Future Awards.

Section 3333.69 | Monitor of Initiatives for Which Award Granted.

Section 3333.70 | Ohio Higher Education Innovation Grant Program.

Section 3333.71 | Choose Ohio First Co-Op/internship Program Definitions.

Section 3333.72 | Choose Ohio First Co-Op/internship Program.

Section 3333.73 | Competitive Process for Making Awards Under Program.

Section 3333.731 | Co-Op/internship Program Advisory Committee.

Section 3333.74 | Private Pledge Required for Program Awards.

Section 3333.75 | Agreement Governing Use of Program Award.

Section 3333.76 | Recruiting Ohio Residents in Out-of-State Institutions.

Section 3333.77 | Proposal Preference to Institution for Future Years.

Section 3333.78 | Monitor of Initiatives for Which Awards Granted.

Section 3333.79 | Ohio Co-Op/internship Program Minority Outreach.

Section 3333.80 | Ohiocorps Pilot Program.

Section 3333.801 | Ohiocorps Scholarship for At-Risk Students.

Section 3333.802 | Ohiocorps Fund.

Section 3333.81 | Clearinghouse of Computer-Based Courses Definitions.

Section 3333.82 | Chancellor to Establish Clearinghouse of Digital Texts and Distance Learning Courses.

Section 3333.83 | Enrollment in Clearinghouse Course - Participation - Withdrawal.

Section 3333.84 | Fees Charged for Texts or Courses Offered Through Clearinghouse.

Section 3333.85 | Assignment of Course Grade; Credit.

Section 3333.86 | Offering of Course as Dual Enrollment Program.

Section 3333.87 | Clearinghouse Implementation Rules.

Section 3333.88 | Alternative Means for Offering Computer-Based Courses.

Section 3333.90 | Course and Program Sharing Network.

Section 3333.91 | Plan for the Adult Basic and Literacy Education Program.

Section 3333.92 | Participation in Adult Basic and Literacy Education; Creation of Account With Ohiomeansjobs Website.

Section 3333.93 | Workforce-Education Partnership Programs.

Section 3333.94 | Inventory of Credit and Non-Credit Certificate Programs and Industry-Recognized Credentials; Preferential Funding.

Section 3333.95 | Efficiency Advisory Committee.

Section 3333.951 | Higher Education Textbook Study.

Section 3333.99 | Governing Boards of State Colleges and Universities Retain Former Powers and Duties.