[TACRAO] Listserv Residency Question

Martinez, Jerry Jerry.Martinez at brazosport.edu
Wed Jan 8 10:54:08 CST 2020


For what it's worth...


Based on Texas Education Code (TEC) Section 54.056(b), we know that if we misclassify a resident as a non-resident, we are required to retroactively correct the error, including refund of payment equal to the difference between resident and out-of-state tuition.

This goes a bit further. Apparently, the error can be by the institution or the student. It has been expressed that if a student just didn't submit the documents for the term in question, and submits them a later (after census, a year later, etc.), institutions must retroactively update their residency status and provide refunds if necessary.

Question:
In 21.28(b) the rule states "Regardless of the reason for the error," Does the definition of the word "error" extend to/include the circumstance of a student who just did not provide information that would have allowed the institution to classify the student as a resident?

Response:
The Coordinating Board believes the Legislature intended to give the terms, "error" and "erroneously" in TEC Section 54.056(b), their plain meaning. In other words, if a student is classified as a nonresident but should have been classified as a resident, then that is an error and the student should be considered erroneously classified.
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.collegeforalltexans.com_index.cfm-3Fobjectid-3D6d1466d9-2Daea5-2Dde00-2Dc12f3f75e7367718&d=DwIFAg&c=oqyuZuih6ykib6aKiBq22_bich4AVfYGoLertJN0bEc&r=5cwyr3ZZzjmRsIsXglBYqQ&m=pxvMkhrrIKwpXRwn_4ArjwzEafoZHmQ8yHr_t0cqH3E&s=8RM-CHrVzeVYHAi6n_Ts8zAUe8U8mN7TP9MXdcY2pCY&e= 

Essentially, we are to approach these 'errors' as :

*         an institutional error is when the institution had the documents and coded the student incorrectly.

*         a student error is when they don't submit the required documents that could have shown Texas Resident eligibility but submit them later.

This is something I've struggled to understand but we have put into practice.


Does this also apply to students who are out-of-state students but submit documentation to receive in-state tuition rates (for example students from bordering counties, etc.)? Or can the institution impose a "deadline" of sorts for out-of-state students who are eligible for in-state waivers?

This might be a bit more complicated due to the type of wavier (optional or mandatory) and local institutional deadlines for tuition waivers but THECB did provide this in 2016:

Institutions have, in most cases, local discretion to identify the documentation needed to support a student's claim of eligibility. Once eligibility is determined by the appropriate institutional authority, billing is adjusted accordingly and the student pays the remaining balance of expenses (if any). Complicating administration, statutes usually do not define a deadline for students to prove eligibility. Therefore, institutions may have to revise billing, make refunds, and submit revised reports to the Coordinating Board for students proving eligibility after the census or billing date of an academic semester or year. https://urldefense.proofpoint.com/v2/url?u=http-3A__reportcenter.thecb.state.tx.us_agency-2Dpublication_miscellaneous_overview-2Dexemption-2Dand-2Dwaivers_&d=DwIFAg&c=oqyuZuih6ykib6aKiBq22_bich4AVfYGoLertJN0bEc&r=5cwyr3ZZzjmRsIsXglBYqQ&m=pxvMkhrrIKwpXRwn_4ArjwzEafoZHmQ8yHr_t0cqH3E&s=xYkhXkgpyhTRma7OAIf32kbx-5qqnnSRRtxjZPWg4Zw&e= 



Best of luck!

Jerry


Jerry Martinez | Director of Admissions and Registrar | Brazosport College
Phone: 979.230.3221 | Fax 979.230.3376 | Email jerry.martinez at brazosport.edu<mailto:jerry.martinez at brazosport.edu>
500 College Drive | Lake Jackson, TX 77566
[cid:image003.jpg at 01D57846.0D2F38A0]

From: tacrao-bounces at tamuc.edu <tacrao-bounces at tamuc.edu> On Behalf Of Vasquez, Amanda
Sent: Wednesday, January 8, 2020 10:16 AM
To: tacrao at tamuc.edu
Subject: [TACRAO] Listserv Residency Question

Happy New Year, TACRAO!

I hope everyone had a wonderful holiday! A residency question for you this morning.

Based on Texas Education Code (TEC) Section 54.056(b), we know that if we misclassify a resident as a non-resident, we are required to retroactively correct the error, including refund of payment equal to the difference between resident and out-of-state tuition.

Does this also apply to students who are out-of-state students but submit documentation to receive in-state tuition rates (for example students from bordering counties, etc.)? Or can the institution impose a "deadline" of sorts for out-of-state students who are eligible for in-state waivers?

Thanks so much!
Amanda



[UTEP]


Amanda Vasquez-Vicario, Ph.D.
Assistant Vice President for Enrollment Services



The Division of Student Affairs
The University of Texas at El Paso
500 W. University Ave.
El Paso, TX 79968
Office: 915-747-8969
Email: avasquez6 at utep.edu<mailto:avasquez6 at utep.edu>
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