Residency Requirements

Proposition 300 Tuition Assessment

Cochise College's registration procedure for credit classes complies with the requirements of Proposition 300. Approved by Arizona voters in November 2006, Proposition 300 requires verification of eligibility for in-state tuition rates for U.S. citizens and qualifying legal immigrants.

The law does not prevent anyone from enrolling at Cochise College. It does require that students who are not citizens or legal residents pay out-of-state tuition rates. The law further states that persons who are not citizens or legal residents are not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance, or any type of financial assistance that is subsidized with state monies.

A list of qualifying documents to verify eligibility for in-state tuition is available online at www.cochise.edu/admissions. Documentation can be returned to the Admissions and Registration Office or scanned and emailed to adm@cochise.edu. Please call (800) 593-9567 for more information.

Each applicant shall have legal residency determined prior to the time of registration and payment of fees. It is the student's responsibility to register under the correct residence determination. Enforcement of residency requirements and regulations are the responsibility of the Cochise College president.

Appeal of residency interpretation or judgments rendered by the college administration shall be handled through appeal channels as established by the district governing board in accordance with the Arizona Revised Statutes, which determine classification for tuition purposes.

Definitions

Arizona Revised Statutes (ARS 15-1801 et seq.) and Cochise College policies determine classification for tuition purposes.

Adult means a person who is 18 years of age or older.

Armed Forces of the United States means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Commissioned Corps of the United States Public Health Services, and the National Oceanographic and Atmospheric Association. (ARS 15-1801)

Continuous attendance means enrollment at an educational institution in this state as a full-time student, as such term is defined by the governing body of the educational institution, for a normal academic year since the beginning of the period for which continuous attendance is claimed. Such person need not attend summer sessions or other such intersession beyond the normal academic year in order to maintain continuous attendance. (ARS 15-1801)

Domicile means a person’s true, fixed and permanent home and place of habitation. It is the place where he/she intends to remain and to which he/she expects to return when he/she leaves without intending to establish a new domicile elsewhere. (ARS-15-1801)

State resident means a person who is domiciled in the State of Arizona for not less than one year or 365 days. (ARS 15-1802)

County resident means a person who is domiciled in the State of Arizona for not less than one year and who has been physically present in the county for at least 50 days prior to the first day of classes of the semester. (R7-1-23)

Dependent means any person (son, daughter, or legal ward) who receives more than half of his/her support for the calendar year from a parent or guardian, as documented on the federal income tax form, and who is domiciled in Arizona.

Alien means a person who has been granted refugee status in accordance with all applicable laws of the United States, has met all other requirements for domicile, and who is entitled to classification as an in-state refugee student.

Emancipated person means a person who is neither under a legal duty of service to his/her parent nor entitled to the support of such parent under the laws of this state. (ARS-15-1801)

Parent means a person’s father or mother, or if one parent has custody, that parent. Or, if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person (if there are no circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person). (ARS 15-1801)

Residency Status

In-State Status

Per Arizona Revised Statute 15-1802:

A. Except as otherwise provided in this article, a person having a domicile elsewhere than in this state is not eligible for classification as an in-state student for tuition purposes.

B. A person is not entitled to classification as an in-state student until the person is domiciled in this state for one year, except that a person whose domicile is in this state is entitled to classification as an in-state student if the person meets one of the following requirements:

1. The domicile of the person's parent is in this state and the parent is entitled to claim the person as an exemption for state and federal tax purposes.

2. The person is an employee of an employer that transferred the person to this state for employment purposes or the person is the spouse of such an employee.

3. The person is an employee of a school district in this state and is under contract to teach on a full-time basis or is employed as a full-time noncertified classroom aide at a school within that school district.  For the purposes of this paragraph, the person is eligible for classification as an in-state student only for courses necessary to complete the requirements for certification by the state board of education to teach in a school district in this state. A member of the person's family is not eligible for classification as an in-state student if the person is eligible for classification as an in-state student pursuant to this paragraph, unless the family member is otherwise eligible for classification as an in-state student pursuant to this section.

4. The person's spouse has established domicile in this state for at least one year, has demonstrated intent and financial independence and is entitled to claim the student as an exemption for state and federal tax purposes or the person's spouse was temporarily out of state for educational purposes but maintained a domicile in this state. If the person is a noncitizen, the person must be in an eligible visa status pursuant to federal law to classify as an in-state student for tuition purposes.

C. The domicile of an unemancipated person is that of the person's parent.

D. Any unemancipated person who remains in this state when the person's parent, who had been domiciled in this state, removes from this state is entitled to classification as an in-state student until attainment of the degree for which the person is currently enrolled, as long as the person maintains continuous attendance.

E. A person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders or who is the spouse or a dependent child as defined in section 43-1001 of a person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders is entitled to classification as an in-state student. A spouse or a dependent child does not lose in-state student classification under this subsection if the spouse or dependent child qualifies for in-state tuition classification at the time the spouse or dependent child is accepted for admission to a community college under the jurisdiction of a community college district governing board or a university under the jurisdiction of the Arizona board of regents.  The student, while in continuous attendance toward the degree for which currently enrolled, does not lose in-state student classification.

F. A person who is a member of the armed forces of the United States or the spouse or a dependent as defined in section 43-1001 of a member of the armed forces of the United States is entitled to classification as an in-state student if the member of the armed forces has claimed this state as the person's state of legal residence for at least twelve consecutive months before the member of the armed forces, the spouse or the dependent enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board.  For the purposes of this subsection, the requirement that a person be domiciled in this state for one year before enrollment to qualify for in-state student classification does not apply.

G. A person holding an honorable discharge from the uniformed services of the United States from either active duty or reserve or national guard status, or who has retired from active duty or reserve or national guard status, shall be granted immediate classification as an in-state student and, while continuously enrolled, does not lose in-state student classification if the person has demonstrated objective evidence of intent to be a resident of Arizona that, for the purposes of this section, includes at least one of the following:

1. Registration to vote in this state.

2. An Arizona driver license.

3. Arizona motor vehicle registration.

4. Employment history in Arizona.

5. Transfer of major banking services to Arizona.

6. Change of permanent address on all pertinent records.

7. Other materials of whatever kind or source relevant to domicile or residency status.

H. A person who meets any of the requirements prescribed in subsection K of this section shall be granted immediate classification as an in-state student and does not lose in-state student classification if the person has demonstrated objective evidence of intent to be a resident of this state that, for the purposes of this section, includes at least one of the following:

1. Registration to vote in this state.

2. An Arizona driver license.

3. Arizona motor vehicle registration.

4. Employment history in Arizona.

5. Transfer of major banking services to Arizona.

6. Change of permanent address on all pertinent records.

7. Other materials of whatever kind or source relevant to domicile or residency status.

I. A person who is a member of an Indian tribe recognized by the United States department of the interior whose reservation land lies in this state and extends into another state and who is a resident of the reservation is entitled to classification as an in-state student.

J. A person who has participated in the AmeriCorps program or the volunteers in service to America program for at least one year in this state is entitled to classification as an in-state student.

K. A person who meets any of the following requirements is entitled to immediate classification as an in-state student if that person has demonstrated objective evidence of intent to be a resident of this state as prescribed in subsection H of this section:

1. The person is a veteran as defined in title 38 of the United States Code who, while using educational assistance under 38 United States Code chapter 30, 31, 33 or 35, enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board after the veteran's discharge from active duty service of ninety or more days.

2. The person does not meet the requirements prescribed in paragraph 3 or 4 of this subsection and, while using educational assistance under 38 United States Code chapter 30, 31, 33 or 35, enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board after the veteran's discharge from active duty service of ninety or more days.

3. The person, while using benefits under the Marine Gunnery Sergeant John David Fry Scholarship prescribed in 38 United States Code section 3311(b)(9), enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board.

4. The person, while using transferred Post/911 G.I. Bill benefits pursuant to 38 United States Code section 3319 during a time in which the transferor is a member of the uniformed services serving on active duty, enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board.

5. The person is otherwise described in 38 United States Code section 3679(c).

Proof of Residency

Students must file a domicile affidavit with the Admissions Office verifying continuous residency in the state for a 12-month period. At least three of the following items will be used to establish proof of residency:

1. Filing of state income tax report for the previous year
2. Current registration of motor vehicle in Arizona
3. Current registration as a voter in the state
4. Arizona driver’s license issuance date
5. Graduation from an Arizona high school
6. Bank statement from an Arizona banking institution
7. Source of support (employer)
8. Dependency as indicated on federal income tax declaration for dependents.
9. Utility bill for student’s Arizona residence.

Concurrent Enrollment: Nonresident Tuition

It is unlawful for any nonresident student to register concurrently in two or more public institutions of higher education in this state, including any university or community college, for a combined student credit-hour enrollment of more than six semester hours without payment of nonresident tuition at one of such institutions.

Any nonresident student desiring to enroll concurrently in two or more public institutions of higher education in this state, including any university or community college, for a combined total of more than six semester hours and who is not subject to nonresident tuition at any of such institutions shall pay the nonresident tuition at the institution of his/her choice. The amount will be equivalent to nonresident tuition at such institution for the combined total of semester hours for which the nonresident student is concurrently enrolled. (ARS 15-1807)