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State Residency Requirements for In-State Tuition: How Long You Must Live There, All 51 Jurisdictions (2026)

Verified 2026-09-27 · 51 jurisdictions

50 of the 51 US jurisdictions require 12 months of domicile before classifying a student as a resident for tuition, and 51 assign a financially dependent student the parents' domicile regardless of where the student lives. The durational clock is rarely what decides a claim; the dependency rule and the evidence of intent usually are.

Residency for tuition is not the same as residency for voting, taxes, or a driver's license, and satisfying one does not establish another. Every state runs its own test, but the tests share a structure: a durational requirement measured in months, a domicile test measured in evidence, and a presumption written to exclude people who moved in order to enroll.

This is the route that always exists. Where no compact and no bilateral agreement connects two states, residency is the only path from the non-resident rate to the in-state rate — and it is worth reading the destination state's rule before you commit to a four-year bill.

Is there a faster route than moving?Check whether a compact or a bilateral agreement already connects your two states.

Residency rules by jurisdiction

Residency for tuition purposes, all 51 US jurisdictions, verified 2026-09-27
JurisdictionDurationDependent takes parents' domicileGoverning authorityCitation
Alabama12 moYesAlabama Commission on Higher Education ↗Ala. Admin. Code r. 300-4-1
Alaska12 moYesUniversity of Alaska System ↗UA Board of Regents Policy 05.10.030
Arizona12 moYesArizona Board of Regents ↗A.R.S. § 15-1802
Arkansas6 moYesArkansas Division of Higher Education ↗Ark. Code Ann. § 6-60-204
California12 moYesUniversity of California / California State University ↗Cal. Educ. Code § 68017
Colorado12 moYesColorado Department of Higher Education ↗C.R.S. § 23-7-102
Connecticut12 moYesConnecticut Office of Higher Education ↗Conn. Gen. Stat. § 10a-28
Delaware12 moYesDelaware Higher Education Office ↗14 Del. C. § 3401
District of Columbia12 moYesUniversity of the District of Columbia ↗D.C. Mun. Regs. tit. 8-B, § 1500
Florida12 moYesFlorida Department of Education ↗Fla. Stat. § 1009.21
Georgia12 moYesUniversity System of Georgia Board of Regents ↗USG Board of Regents Policy 4.3.2
Hawaii12 moYesUniversity of Hawai'i System ↗Haw. Admin. R. § 20-4
Idaho12 moYesIdaho State Board of Education ↗Idaho Code § 33-3717B
Illinois12 moYesIllinois Board of Higher Education ↗110 ILCS 305/7
Indiana12 moYesIndiana Commission for Higher Education ↗Ind. Code § 21-14-1
Iowa12 moYesIowa Board of Regents ↗Iowa Admin. Code r. 681-1.4
Kansas12 moYesKansas Board of Regents ↗K.S.A. § 76-729
Kentucky12 moYesKentucky Council on Postsecondary Education ↗13 KAR 2:045
Louisiana12 moYesLouisiana Board of Regents ↗La. Admin. Code tit. 28, Pt V
Maine12 moYesUniversity of Maine System ↗UMS Board of Trustees Policy 315
Maryland12 moYesMaryland Higher Education Commission ↗Md. Code Regs. 13B.08.01
Massachusetts12 moYesMassachusetts Department of Higher Education ↗610 CMR 5.00
Michigan12 moYesMichigan Department of Lifelong Education, Advancement, and Potential ↗—
Minnesota12 moYesMinnesota Office of Higher Education ↗Minn. Stat. § 135A.031
Mississippi12 moYesMississippi Institutions of Higher Learning ↗Miss. Code Ann. § 37-103-13
Missouri12 moYesMissouri Department of Higher Education and Workforce Development ↗Mo. Code Regs. tit. 6, § 10-3.010
Montana12 moYesMontana University System / Board of Regents ↗Mont. Admin. R. 20.25.501
Nebraska12 moYesNebraska Coordinating Commission for Postsecondary Education ↗Neb. Rev. Stat. § 85-502
Nevada12 moYesNevada System of Higher Education ↗NSHE Board of Regents Handbook Title 4, Ch. 15
New Hampshire12 moYesUniversity System of New Hampshire ↗USNH Board of Trustees residency policy
New Jersey12 moYesNew Jersey Office of the Secretary of Higher Education ↗N.J.A.C. 9A:5-1.1
New Mexico12 moYesNew Mexico Higher Education Department ↗N.M. Admin. Code 5.7.19
New York12 moYesState University of New York ↗8 NYCRR § 302.1
North Carolina12 moYesNorth Carolina Residency Determination Service ↗N.C. Gen. Stat. § 116-143.1
North Dakota12 moYesNorth Dakota University System ↗N.D. Admin. Code 15-10-17.1
Ohio12 moYesOhio Department of Higher Education ↗Ohio Admin. Code 3333-1-10
Oklahoma12 moYesOklahoma State Regents for Higher Education ↗OAC 610:10-3-8
Oregon12 moYesOregon Higher Education Coordinating Commission ↗OAR 580-010-0030
Pennsylvania12 moYesPennsylvania Department of Education ↗22 Pa. Code § 33.1
Rhode Island12 moYesRhode Island Office of the Postsecondary Commissioner ↗RIOPC residency regulations
South Carolina12 moYesSouth Carolina Commission on Higher Education ↗S.C. Code Ann. § 59-112-20
South Dakota12 moYesSouth Dakota Board of Regents ↗SDBOR Policy 3:5
Tennessee12 moYesTennessee Higher Education Commission ↗Tenn. Comp. R. & Regs. 0240-02-02
Texas12 moYesTexas Higher Education Coordinating Board ↗Tex. Educ. Code § 54.052
Utah12 moYesUtah System of Higher Education ↗Utah Code § 53B-8-102
Vermont12 moYesVermont Agency of Education / Vermont State Colleges ↗VSC residency policy
Virginia12 moYesState Council of Higher Education for Virginia ↗Va. Code Ann. § 23.1-502
Washington12 moYesWashington Student Achievement Council ↗RCW 28B.15.012
West Virginia12 moYesWest Virginia Higher Education Policy Commission ↗W. Va. Code R. § 133-25
Wisconsin12 moYesUniversities of Wisconsin ↗Wis. Stat. § 36.27
Wyoming12 moYesUniversity of Wyoming / Wyoming Community College Commission ↗Wyo. Stat. Ann. § 21-17-105

The terms these rules use

Full glossary →

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Asked and answered

›How long do you have to live in a state to get in-state tuition?

Twelve months of domicile before the term begins in 50 of the 51 US jurisdictions. Arkansas requires 6 months. The duration is the easy half of the test — the other half is proving you moved to live there rather than to enroll.

›Can a student establish residency while attending college?

It is difficult by design. Most residency statutes carry an explicit presumption that a person who arrived and enrolled is present for educational purposes only, and time spent enrolled does not rebut that presumption on its own. Students who succeed usually did something that reads as independent of study — a gap year, full-time employment, a change in financial dependency.

›Do my parents' residency matter?

In 51 of 51 jurisdictions, yes, decisively. A financially dependent student is assigned the parents' domicile regardless of where the student lives, which means a student who moves alone cannot reclassify while still being claimed as a dependent. This is the most common reason a well-documented residency claim is refused.

›Who decides whether I am a resident?

The institution you enroll at, not the state agency, in almost every jurisdiction. The state sets the rule; the campus registrar applies it and decides your classification. North Carolina is the notable exception, where a central Residency Determination Service makes the call for all public institutions.

How this page was made

Compiled and checked by Billy Reiner, editor of In-State Check. Last verified 2026-09-27.

Compiled from published rate pages
Every dollar figure on this site is tuition and mandatory fees for one full-time year, read from the named reference institution’s own 2025–26 rate page and rounded to the nearest $100. Housing, books, travel and course-specific differentials are not included in them.
Checked against the administering body
Compact membership is checked against the commission that runs each program (WICHE, MHEC, SREB and NEBHE), and every residency rule against the issuing state authority or statute. Nothing here is taken from another comparison site.

Not advice. In-State Check is independent of every college, compact and state agency named here. Residency classification and award decisions are made by the institution you apply to. Found an error? Send the page URL and the source that contradicts it to [email protected], and the page is corrected and re-dated. Full methodology.