507.1 GENERAL PROVISIONS

1. Definitions
1. University. The term "university" shall mean any of the fourteen universities now constituting the Pennsylvania State System of Higher Education, and such other universities as may hereinafter be admitted to the State System of Higher Education in accordance with law.
2. Domicile. The term "domicile" shall mean the place where one intends to reside permanently or indefinitely and does, in fact, so reside.
3. Student. The term "student" shall mean any individual enrolled in any program, course, or course of study in a university.
4. Tuition Fee. The term "tuition fee" shall mean the instructional fee established by the Board of Governors for Pennsylvania residents attending the universities and the tuition assessed residents of other states attending the universities.
5. Clear and convincing evidence. The term "clear and convincing evidence" shall mean evidence sufficient to convince a reasonable mind that a fact sought to be proved is more likely than not true.

1. The universities shall, subject to the provisions of these regulations, determine the residential classification of all students. Students who are domiciled in Pennsylvania shall be assessed the tuition fee applicable to Pennsylvania residents, and all other students shall be assessed the tuition fee applicable to non-residents.

1. Continuous residence in Pennsylvania for a period of 12 months prior to registration as a student at an institution of higher education in Pennsylvania creates a presumption of domicile. A student is presumed not to be a domiciliary if he/she has resided for a shorter period before attending an institution of higher education, but may rebut this resumption by clear and convincing evidence.
2. Students who are not United States citizens, and have nonimmigrant visas or lack a visa, are presumed not to be domiciled in Pennsylvania, but they may rebut this resumption by clear and convincing evidence.
3. A minor is presumed to have the domicile of his or her parents or guardian. The age of majority for establishing a domicile for tuition purposes is 22. However, a minor may prove financial emancipation and thereby prove Pennsylvania domicile through clear and convincing evidence.
4. A United States government employee or a member of the armed forces who was domiciled in Pennsylvania immediately preceding entry into government service and who has continuously maintained Pennsylvania s his or her declared legal residence, shall be presumed to have a Pennsylvania domicile. Nonresidents stationed in Pennsylvania for military service shall be deemed Pennsylvania domiciliaries.
5. A student receiving a scholarship, loan, or grant, dependent upon maintaining domicile in a state other than Pennsylvania, is presumed to be domiciled in the state from which he/she is receiving financial aid.
6. Evidence
1. The following factors may be considered as evidence of domiciliary intention but maybe given such weight as the finder of fact, given the circumstances of the case may assign to them.
1. Lease or purchase of a permanent, independent residence within Pennsylvania by the student.
2. Payment of appropriate state and local taxes. Special attention should be given to payment of Pennsylvania taxes on income earned during periods of temporary absence from Pennsylvania.
3. Transfer of bank accounts, stocks, automobiles, and other registered property to Pennsylvania from another state.
4. Procurement of a Pennsylvania driver's licence.
5. Procurement of a Pennsylvania motor vehicle registration.
6. Agreement for permanent, full-time employment in Pennsylvania.
7. Membership in social, civic, political, athletic, and religious organizations located in Pennsylvania.
8. Registration to vote in Pennsylvania.
9. A sworn statement by the student, or his/her parents or guardian in the case of a minor, declaring his/her intention to make Pennsylvania his/her residence either permanently for an indefinite period of time.
10. A sworn statement from the parents or guardian of a minor setting forth facts to establish the minor's financial independence and separate residence.
2. Each case shall be decided on the basis of all facts submitted, with qualitative rather than quantitative emphasis. No given number of factors is required for domicile, since the determination in each case is one of the subjective intention of the student to reside permanently or indefinitely in Pennsylvania.

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psl 1/2001