OVERVIEW
On January 30, 2004, the Board of Regents unanimously approved an amendment
that would bring its residency requirements in line with the Nevada Revised
Statutes (NRS 396.540). The Board’s regulations became out of compliance
with the NRS during an amendment that occurred in 1995, and the discrepancy
was identified in January 2004. Nevada law states that individuals whose families
reside in Nevada may gain resident status if the family has established bona
fide residency in Nevada at the date of the student’s matriculation. Individuals
whose families live out of state may gain resident status if the individual
has been a bona fide resident of the State of Nevada at least six months prior
to matriculation. On March 19, 2004, the Board approved a plan to extend the
corrected residency provisions to students whose first matriculation occurred
during the period Fall Semester 1995 through Spring Semester 2004 and who would
have met the requirements for establishing bona fide residency in the state
of Nevada prior to their matriculation.
FREQUENTLY ASKED QUESTIONS
I was classified
as an out-of-state resident when I started school. Do I qualify to have my residency
reviewed?
Only those students who matriculated between Fall Semester 1995 and Spring Semester
2004 who believe they or their parents/legal guardian were bona fide Nevada
residents prior to the date of matriculation may have their initial residency
determination reviewed. Students who matriculated in one of those years and
who believe they may qualify for retroactive consideration of Nevada residency
may request a review of their residency status through one of two pathways.
Pathway 1: the student’s parents were bona fide residents of Nevada at
the student’s date of matriculation at a NSHE institution. Pathway 2:
the student’s family resides out of state but the student was a bona fide
resident of Nevada at least six months prior to the student’s date of
matriculation at a NSHE institution.
Which students
are not eligible for a review of their residency?
The following students are not eligible for a review of their 2003-04 initial
residency status: 1) Students who matriculated between Fall 1995 and Spring
2004 in a reduced non-resident tuition program such as Good Neighbor, Western
Undergraduate Exchange and Children of Alumni, 2) International students 3)
Students who do not have evidence of bona fide Nevada residency prior to their
date of matriculation.
What is the
deadline for applying for a review of residency?
A three-year statute of limitations applies to the filing of the appropriate
claim forms, but the claims may seek refund of out-of-state tuition that was
paid from the Fall Semester 1995 through Spring Semester 2004. The three-year
deadline begins as of January 2004, when the Board of Regents first took action
to resolve the discrepancy. Thus, students who wish to make a claim must do
so no later than February 28, 2007.
What does “Date
of Matriculation” mean?
TThe Board of Regents defines "Date of matriculation" as the first
day of instruction in the semester or term in which enrollment of a student
first occurs (except that at the University of Nevada School of Medicine, it
means the date that a notice of admittance is sent to a student, and that at
the community colleges it excludes correspondence courses and community service
courses which are not state funded).
A student can matriculate (enroll) without being formally admitted to a NSHE institution. Example: A student enrolls in one class as a non-admitted student during Summer Session 2003. Accordingly, that student “matriculated” in Summer 2003.
How are “Family”
and “Legal Guardian” defined?
The Board of Regents defines “family” as the natural or legally
adoptive parent or parents of a dependent person, or if one parent has legal
custody of a dependent person, that parent. “Legal guardian” is
defined as a court appointed guardian of a dependent person, who was appointed
guardian at least 12 months immediately prior to the dependent person’s
date of matriculation and for purposes other than establishing the dependent
person’s residence.
How do I demonstrate
that I or my family was a bona fide Nevada resident prior to matriculation?
A "bona fide" resident is one who has continuous physical presence
in the state of Nevada, with no ties to any other state and who intends permanently
to reside in Nevada. To be considered a Nevada resident for tuition purposes,
you must demonstrate that you were a bona fide resident of the state of Nevada
at least six months prior to the date of matriculation (enrollment) at a NSHE
institution if your parents or legal guardian reside out of state OR that your
parent or legal guardian was a bona fide resident of the state of Nevada at
the date of your matriculation.
Determination of bona fide residency
will be based upon a review of the student’s residency review application
form and the required documentation for either of the two pathways for establishing
Nevada residency. If your parents/legal guardian reside out of state, you must
demonstrate that you were a bona fide resident of Nevada at least six months
prior to your first matriculation at a NSHE institution.
PATHWAY 1 (parents’
residency in Nevada):
The first
three items are required. At least 1 of the other 3 items must also be provided.
PATHWAY 2 (student’s residency in Nevada with out-of-state parents):
The first three items are required. At least 1 of the other 3 items must also
be provided.
I think I meet
the requirements. What do I need to do to have my residency status reviewed?
Contact your campus department listed on the final page of this document. They
will provide you with a Residency Re-Determination application form. Once you
submit that form, along with the required documentation, the residency appeals
committee will review your request and advise you by mail or e-mail of the results.
Each applicant will also be requested to sign and have notarized a State of
Nevada claims form, in order to facilitate a possible reimbursement of funds
to the Nevada System of Higher Education. The institution can
assist with completing the claims form and also provide notary services if needed.
I no longer
live in Nevada but was a resident when I started school. How do I retroactively
provide evidence of Nevada residency at the time I matriculated?
The Nevada Department of Motor Vehicles retains records on driver’s licenses
and vehicle registrations dating back to 1999 and can do microfilm research
for earlier years. For driver’s licenses, the department checks by name
and social security number. For vehicle registrations, the department requires
a license plate number or vehicle identification number. Inquiries may be made
by phone or in person (no e-mail inquiries). For more information, call the
Nevada DMV Records Bureau at (775) 684-4368. The DMV website is www.dmvnv.com.
The Clark County Election Department maintains records on voter registrations dating back to 1992 but can research earlier years, as well. Members of the public must go in person to request a copy of their original voter registration application and must show identification. There is no charge for a copy of the voter registration; there is a small charge for certified copies. For additional information in Clark County, call (702) 455-8683. Contact information for other counties in Nevada is listed below:
Washoe County
Election Dept.: (775) 328-3670
www.co.washoe.nv.us/voters/
Elko County
Clerk’s Office: (775) 753-4600
clerk@elkocountynv.net
Humboldt County:
Clerk’s Office: (775) 623-6343
coclerk@hcnv.us
Lander County
Clerk’s Office: (775) 635-5738
lcclerk@desertlinc.com
White Pine County
Clerk’s Office: (775) 289-2341
wpclerk@mwpower.net
(For records older than 4-6 years, may need to contact the Carson City Records
Section at (775)-684-4590)
I have more
questions about how to file a claim. Is there a person I can talk to?
The following persons at each
NSHE institution may be contacted for additional information:
CONTACTS: