MONTANA BOARD OF REGENTS OF HIGHER EDUCATION

Policy and Procedures Manual


SUBJECT: FINANCIAL AFFAIRS

Policy 940.1 – Residency Policy

Adopted: April 13, 1984; Revised: May 22, 2015; Updated: February 18, 2016; Revised: January 8,

2019; Revised: November 22, 2019; Revised: November 20, 2020



the initial classification was in error may only seek reclassification pursuant to the procedures of this policy prior to the start of the initial term of enrollment or matriculation into the program. For purposes of this subsection, the term “professional degree program” means a program of law, pharmacy, or physical therapy.


I.

  1. Notwithstanding the residency requirement, the following classes of persons are eligible for in-state status:

    1. Members of the armed forces of the United States assigned to active duty in Montana, their spouses, and their dependent children during the member's tour of duty in Montana; in cases where the member is transferred on military orders out of Montana, the member, member’s spouse, and dependent children remain eligible for in-state status, provided the member, member’s spouse, or dependent children were admitted prior to the member’s transfer and remain continuously enrolled at the campus;

    2. An individual domiciled in Montana and employed full-time in a permanent job in Montana and the spouse and dependent children of such an individual provided the primary purpose of the person seeking in-state status for coming to Montana was not the education of the children, the spouse, or the employed individual;

    3. Any graduate of a Montana high school accredited by the board of public education who is a citizen of the United States or a resident alien who registers at a campus no later than the fourth fall term following the student's high school graduation shall be eligible under this section for in-state status for either (1) six years from the date of initial registration or until the achievement of a baccalaureate degree, whichever occurs first, or (2) as long as the individual remains continuously enrolled at a MUS system campus (excluding summers); provided either of the following conditions existed at the time the student graduated from high school:

      1. The student attended the Montana high school for the student's entire senior year; or

      2. The student had a parent who was employed and resided in Yellowstone National Park;

    4. An individual domiciled in a state other than Montana who derives more than 50% of family income, as reported or required to be reported under the United States tax laws, from full-time employment in a permanent job in Montana and who pays all required Montana taxes on Montana derived income and the spouse and dependent children of such individual; provided the state of domicile provides reciprocal treatment for Montana residents.

    5. An individual, living in Montana, who is a “covered individual” as defined by 38 U.S.C. § 3679(c).


History:


Item 43-002-R0484, Residency Policy; Montana University System (Revised), April 13, 1984, May 3, 1985, June 16, 1988, October 23,

1993, July 7,1994, November 17, 1994, March 23, 1995, November 18, 1999 (Item 104-103-R0999), and January 16, 2004 (Item 122- 110-R0104). ITEM 138-106-R0308 (Supporting Material) approved March 6, 2008. Item 143-101-R0509 to add new section 1.G., approved May 29, 2009. Item 152-128-R0911, revised September 22, 2011. Item 156-101-C0912, temporary revision to expire after spring semester 2013, approved September 4, 2012. Updated May 14, 2013 to reflect automatic expiration of September 4, 2012 change. Revised May 22, 2015, adding Veteran’s Access, Item 167-101-R0515. Updated February 18, 2016; to specify professional student exchange programs such as WICHE, WWAMI, Minnesota Dental and WIMU. Updated January 8, 2019; ITEM 182-102-C0119. Item 185-103-R1119; revised November 22, 2019. Revised November 20, 2020 via ITEM 191-103-R1120.

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