Student Responsibility for Accurate Residency Status
Out-of-State Waiver Arkansas Taxpayers Living in Contiguous State & County
Out-of-State Waiver Graduating High School in a Contiguous State
Out-of-State Waiver Non-Contiguous State & County
Out-of-State Waiver Aviation
Veteran's Choice Act
Veterans & Military Personnel/Dependents
Non-Traditional Documented Persons
In-State Vs. Out-of-State Residency
Concerning U.S. Citizens and permanent residents, a student applying to Henderson State University shall be classified as an in-state student for fee payment purposes if he or she is a bonda fide domiciliary of Arkansas residing in the state for at least six consecutive months prior to the beginning of the semester or term for which the fees are to be paid. Bona Fide Arkansas domiciliary means that Arkansas is the legal home and place of permanent living of the student for all purposes.
Student classified as out-of-state during the admissions process, who are enrolled for a full or partially full program of courses at Henderson State University, are considered to be in Arkansas primarily for the purpose of attending school and not for the purpose of establishing in good faith a true, fixed and permanent home. Continued presence in Arkansas during vacation periods or during a period when not enrolled, where any one such period does not extend for at least six months, shall not justify reclassification to an in-state student status. Mere physical presence in the state alone is insufficient for establishing residency.
Students previously classified as out-of state, who have since established a bona fide domicile in Arkansas, may request a change of residency status through the Registrar's Office. Documents required for consideration of residency include the following:
- A completed and notarized copy of the residency affidavit.
- An Arkansas state income tax return (Form AR1000) for the previous year.
- If unmarried and under the age of 24, and claiming in-state status based on parent's Arkansas residency, a copy of parent's tax return (Form AR1000).
- A minimum of four additional documents from the list below. Note: The documentation provided must establish an intent beyond what an out-of-state student living off-campus would have - for example, bills and a rental agreement do not establish intent to remain in the state permenatly.
- Employer verification with dates of employment
- Copy of Permanent Arkansas driver license
- Copy of Arkansas voter registration card
- Lease Agreement or Documentation of Home Purchase
- Property tax payment assessment receipt
- Utility bills (at least two different types of bills)
Note: Documents provided from the list above must include dates indicating six months of residency in the State of Arkansas. For the purposes of this policy, dependents are the unmarried children who are legal dependents as defined by the IRS.
Initial out-of-state residency classification at the time of admission shall not prejudice consideration for reclassification for subsequent academic semesters or terms of enrollment, provided the student has acquired a bona fide Arkansas domicile and has resided in Arkansas thereafter (i.e., after the bona fide domicile was establish) for six continuous months prior to reclassification by the university. The single fact of presence in Arkansas for at least six months of attendance as a student enrolled at Henderson State University, or any other educational institution, neither constitutes nor necessarily precludes reclassification as one domiciled in Arkansas, but will be considered. Similarly, an in-state student shall be reclassified for future semesters and terms where his or her domicile is moved to some other state. Students wishing to petition for reclassification must submit a residency affidavit with all required documentation to the Registrar’s Office.
The responsibility for registering under a proper classification for tuition/fee charges is placed upon the student; and it is the duty of all students to raise any questions about residency status prior to each registration period.
Out-of-State Tuition Waivers
Students who qualify to pay the in-state tuition rate due to an out-of-state waiver will be awarded a scholarship by the Office of Financial Aid. The scholarship will cover the difference between in-state and out-of-state tuition rates. The student's record at Henderson will retain the out-of-state residency classification. New incoming students are encouraged to ask about these waivers during the admissions process and/or during Heart Start.
Pursuant to Act 1185 of 1995, Section 34 (A.C.A. 6-60-303 and 19-5-1076) bona fide Arkansas income taxpayers and their dependents who reside in a bordering state in a county or parish contiguous to an Arkansas county in which a public institution of higher education is located may be granted an out-of-state tuition waiver by any Arkansas public institution of higher education.
Counties/Parishes Contiguous to Arkansas Counties Containing a College/University (List of counties provided by Students Accounts 10-12-19)
- Oklahoma: Delaware County; Adair County; Sequoyah County; La Flore County; McCurtain County
- Texas: Bowie County; Cass County
- Louisiana: Webster Parish; Claiborne Parish; Union Parish; Morhouse Parish
- Mississippi: Coahoma County; Tunica County; Desota County; Bolivar County
- Missouri: Pemiscot County; Dunklin County; Ripley County; Oregon County; Ozark County; Taney County; Barry County; McDonald County; Howell County
- Tennessee: Dyer County; Lauderdale County; Shelby County; Tipton County
Qualifying Students Must Provide Proof of the Following
- (A) Proof of residence in another state’s county or parish which is contiguous to an Arkansas county in which a public institution of higher education is located, AND
- (B) Documentation (W-2 or copy of Arkansas income tax form as filed) of receipt of wages from an Arkansas employer of a minimum of $5,500 in the tax year preceding enrollment, OR
- (C) Official verification from an Arkansas employer of current employment at a minimum current year salary of at least $5,500, OR
- (D) Documentation that the student is a dependent of a nonresident Arkansas income taxpayer who provides documentation satisfying the conditions of paragraphs (A), (B) or (C) above.
Undergraduate students who meet the following conditions may request a waiver for out-of-state tuition not to exceed 16 hours.
- Must have graduated high school in Texas, Oklahoma, Missouri, Tennessee, Mississippi, or Louisiana.
- Entering freshmen must meet Henderson State University admission standards.
- Transfer students must have a cumulative grade point average of 2.0 or above after computation by the Henderson Admissions Office.
- Students must live in university owned housing
- Out-of-state waiver recipients must be full-time students and maintain satisfactory academic standing.
- Out-of-state waiver recipients must be U.S. citizens or be lawfully present in the United States according to Federal immigration law.
- Student must be a recipient of an academic scholarship, performance scholarship or a combination of both, equal to or exceeding the in-state tuition charges each term.
- Students must live in university-owned housing and purchase a meal plan if applicable based on the policy of the Office of Residence Life.
- Out-of-state waiver recipients must be full-time students and maintain satisfactory academic standing.
Certain Aviation programs are eligible for an out-of-state waiver. Interested students should consult the Aviation Department as their first point of contact.
A person in the armed forces does not gain or lose resident status by merely being in the military.
The Federal Veteran’s Choice Act permits all students who met the following requirements to be charged in-state tuition or otherwise be considered an Arkansas resident for tuition purposes. In order to obtain this benefit students must first visit the Business Office (3rd floor Womack Hall) and be certified for their V.A. benefits.
1_A Veteran using educational assistance under either Chapter 30 (Montgomery G.I. Bill – Active Duty Program) or Chapter 33 (Post 9/11 G.I. Bill), of Title 38, United States Code, who lives in the State of Arkansas while attending a school located in the State of Arkansas (regardless of his/her formal State of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more.
2_Anyone using transferred Post 9/11 Bill benefits (38 U.S.C. 3319) who lives in the State of Arkansas while attending a school located in the State of Arkansas (regardless of his/her formal State of residence) and enrolls in the school within three years of the transferor’s discharge from a period of active duty service of 90 days or more.
3_Anyone described above while he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school. The person so described must have enrolled in the school prior to the expiration of the three-year period following discharge or death described above and must be using educational benefits under either Chapter 30 or Chapter 33, of Title 38, United States Code.
Regardless of residence, a state-supported institution of higher education, trade school, or vocational school shall classify a student as in-state, in-county, in-district, local, or resident for the purpose of tuition and fees applicable for all programs of study, including distance learning programs, if the student is a:
1_Veteran who was honorably discharged or released from a period of not less than ninety (90) days of active duty in the military, naval, or air service within three (3) years before the date of enrollment in a program of study;
2_Dependent of a veteran under subdivision (1) of this section;
3_Member of the armed forces; OR
4_Spouse of a member of the armed forces
5_ A Reserve Officers' Training Corps cadet who has an executed armed forces service contract
6_A dependent of a member of the active duty armed forces, when the member of the armed forces:
- is stationed in the State of Arkansas pursuant to permanent change of station (PCS) military orders;
- is continuously domiciled in Arkansas for at least six consecutive months before entered active military service and who maintains Arkansas as the permanent home of record while on active duty, OR
- demonstrates a change in bona fide domicile from another state to Arkansas at least twelve consecutive months prior to separation, discharge, or retirement from active military duty. The provision is forfeited if the military person does not return to Arkansas within 36 months after separation, discharge, or retirement from active duty.
Henderson State University students may be classified as in-state for tuition and fee purposes if the student satisfies one of the following:
- The student personally holds, or is the child of a person who holds, a Federal I-766 United States Citizenship and Immigration Services issued Employment Authorization Document (i.e., work permit);
- The student has verified that he or she is a resident legally in Arkansas and has immigrated from the Republic of the Marshall Islands; OR
- The student's request for an exemption under Deferred Action for Childhood Arrivals (DACA) has been approved by the United States Department of Homeland Security. The student's exemption shall not have expired or shall have been renewed.
AND also satisfies the following:
- Resided in Arkansas for at least three (3) years at the time of application for admission to Henderson State University; AND EITHER
- Graduated from a public or private Arkansas high school; OR
- Received a high school equivalency diploma in Arkansas
If you are a current Henderson State student who meets these guidelines, please submit a completed and notarized residency affidavit to the Registrar's Office on the second floor of Womak Hall or by mail to Henderson State University, 1100 Henderson Street, HSU BOX 7534, Arkadelphia 71999-0001. In addition to the affidavit a copy of one of the following documents must also be submitted.
- Employment Authorization Document issued to the student or the parent of the student;
- Documentation of legal immigration status from the Republic of the Marshall Islands
(Transfer Students) Unless previously submitted, transfer students will also need to include a copy of their Arkansas high school transcript or Arkansas high school equivalency diploma.