Current through Register Vol. 63, No. 9, September 1, 2024
(1) "Resident of
Oregon". Residency is established by virtue of the student (in the case of
independent students) or the student's parent (in the case of dependent
students) having been in continuous residency in this state for the 12 months
preceding enrollment. Residency is immediate in the case of a dependent student
whose parents have moved to this state for a reason other than the student's
enrollment. The residency period may be reduced to the preceding six months in
the case of an independent student who moved to this state for a purpose other
than education:
(a) A dependent resident
student whose Oregon domiciled parent(s) move out-of-state shall retain
resident classification as long as the student is continuously enrolled at an
Oregon high school or Oregon postsecondary institution. Continuous enrollment
is defined as completion of an academic year within any 12-month period;
(b) An independent resident
student shall retain resident classification as long as the student is
continuously enrolled at an Oregon postsecondary institution. Continuous
enrollment is defined as completion of an academic year within any 12-month
period;
(c) A dependent student
whose parent(s) are serving on active duty in the U. S. Armed Forces outside
the State of Oregon shall have residency status determined by the parents'
declared "home of record". An independent student who is serving on active duty
in the U. S. Armed Forces outside the State of Oregon shall have residency
status determined by the student's declared "home of record";
(d) A student from a state other than Oregon,
or from the Federated States of Micronesia, who is receiving or is eligible to
receive financial assistance through the government of that state or the
Federated States, shall not be considered a resident of Oregon;
(e) Eligibility for certain scholarships
administered by the Commission does not necessarily qualify a student as an
Oregon resident for the purposes of state-funded student financial aid programs
administered by the Commission.
(f) Residence Classification of Members of
Oregon Tribes
(A) Students who are enrolled
members of federally recognized tribes of Oregon or who are enrolled members of
a federally recognized Native American tribe which had traditional and
customary tribal boundaries that included parts of the state of Oregon or which
had ceded or reserved lands within the state of Oregon shall be deemed eligible
for programs administered by the Higher Education Coordinating Commission that
are limited to Oregon residents, regardless of their state of residence.
(B) For purposes of this rule, the
federally recognized tribes of Oregon are those adopted by the Oregon public
universities for purposes of assessing resident tuition:
(i) Burns Paiute Tribe;
(ii) Confederated Tribes of Coos, Lower
Umpqua and Siuslaw;
(iii)
Confederated Tribes of Grand Ronde Community of Oregon;
(iv) Confederated Tribes of Siletz Indians of
Oregon;
(v) Confederated Tribes of
the Umatilla Indian Reservation;
(vi) Confederated Tribes of the Warm Springs
Indian Reservation;
(vii) Coquille
Indian Tribe;
(viii) Cow Creek
Band of Umpqua Indians;
(ix)
Klamath Tribes.
(C) For
purposes of this rule, the federally recognized Native American tribes which
had traditional and customary tribal boundaries that included parts of the
state of Oregon or which had ceded or reserved lands within the state of Oregon
are:
(i) CALIFORNIA:
(I) Benton Paiute Tribe;
(II) Big Bend Rancheria;
(III) Big Lagoon Rancheria;
(IV) Blue Lake Rancheria;
(V) Bridgeport Indian Colony;
(VI) Cedarville Rancheria;
(VII) Fort Bidwell Indian Tribe;
(VII) [(VIII)] Hoopa Valley Tribe;
(IX) Karuk Tribe of California;
(X) Likely Rancheria;
(XI) Lookout Rancheria;
(XII) Lytton Rancheria;
(XIII) Melochundum Band of Tolowa Indians;
(XIV) Montgomery Creek Rancheria;
(XV) Pit River Tribe;
(XVI) Quartz Valley Indian Community;
(XVII) Redding Rancheria;
(XVIII) Roaring Creek Rancheria;
(XIX) Smith River Rancheria;
(XX) Susanville Rancheria;
(XXI) Tolowa-Tututni Tribe;
(XXII) Winnemucca Colony;
(XXIII) XL Ranch;
(XXIV) Yurok Tribe.
(ii) IDAHO:
(I) Nez Perce Tribe of Idaho;
(II) Shoshoni-Bannock Tribes.
(iii) NEVADA:
(I) Duck Valley Shoshone-Paiute Tribes;
(II) Fallon Paiute-Shoshone Tribe;
(III) Fort McDermitt
Paiute-Shoshone Tribe;
(IV)
Lovelock Paiute Tribe;
(V) Pyramid
Lake Paiute Tribe;
(VI)
Reno-Sparks Indian Colony;
(VII)
Summit Lake Paiute Tribe;
(VIII)
Walker River Paiute Tribe;
(IX)
Winnemucca Indian Colony;
(X)
Yerington Paiute Tribe.
(iv) OKLAHOMA: Modoc Tribe of Oklahoma.
(v) WASHINGTON:
(I) Chehalis Community Council;
(II) Colville Confederated Tribes;
(III) Quinault Indian Nation;
(IV) Shoalwater Bay Tribe;
(V) Yakama Indian Nation.
(D) A student seeking
to be deemed eligible under the provisions of this rule shall submit, following
procedures prescribed by the Oregon Student Assistance Commission, a photocopy
of a tribal enrollment card or other acceptable documentation from a tribe
which documents tribal membership.
(2) "Undergraduate Student" is a regularly
enrolled student who:
(a) Has not obtained a
baccalaureate or higher degree from any accredited institution; or
(b) Has not been classified as a "graduate
student" by the institution disbursing funds.
(3) "Dependent/Independent Student". The
definition of dependent/independent student shall be the definition used for
the student aid programs under Title IV of the Higher Education Act of 1965 as
amended.
(4) "Financial Need". The
difference between the expected family contribution, derived from the federal
system of need analysis or an alternate system of need analysis annually
approved by the Commission or both, and the cost of education, as specified by
program rules.
(5)
(a) "Cost of Education". Generally, the sum
of tuition for 15 credit-hours per academic term; standard fees charged to all
students; room and board (where applicable); and estimates of books, supplies,
modest personal expenses, transportation, and other allowable costs identified
by the U.S. Department of Education.
(b) The standard cost of education is based
upon full-time enrollment for an independent student or for a dependent student
not living at home.
(6)
"Full-Time Enrollment". Registration and payment of required fees as a
full-time student, at an eligible institution or combination of eligible
institutions, based on a minimum of 12 credit-hours per academic term. Students
attending more than one eligible institution must meet the definition of
concurrently enrolled as defined in OAR 575-030-0005(8) to be considered
full-time.
(7) "Half-Time
Enrollment". Registration and payment of required fees as a half-time student,
at an eligible institution or combination of eligible institutions, based on 6
to 11 credit-hours per academic term.
(8) "Concurrently Enrolled". A student who
attends more than one eligible institution under a written consortium agreement
or concurrent enrollment program. The student's "home" institution determines
the student's eligibility for federal and state financial aid, disburses funds
to the student, and is responsible for reporting enrollment and disbursement
information to the Commission.
(9)
"Oregon-based". Having an educational institution that is both located and
headquartered in Oregon.
Stat. Auth.: ORS 348
Stats. Implemented: ORS
348.230 -
348.260
