Tennessee § 49-8-102 - Admissions generally.

§ 49-8-102. Admissions generally.

Persons who otherwise meet admission requirements shall be admitted to a state college or university, at in-state tuition rates, if they are residents of the state, or if they are nonresidents whose bona fide place of residence is in a county of another state lying immediately adjacent to a county in this state in which the institution is situated, or if the bona fide residence is within thirty (30) miles of the institution. With respect to nonresidents, subdivision (a)(1) applies only to Austin Peay State University and the University of Memphis. Nonresidents of the state who meet the conditions for entrance to any of the institutions under the control of the board of regents or a state university board may be admitted on payment of tuition rates that the respective board prescribes. Persons who otherwise meet admissions requirements shall be admitted to Dyersburg State Community College with in-state tuition, if they are residents of the state or if they are nonresidents whose bona fide place of residence is in Mississippi County, Arkansas, or either Dunklin County or Pemiscot County, Missouri. However, those students shall not be counted in the consideration of any future capital construction. Nonresidents who otherwise meet requirements for admission to a community college shall be admitted to the institution at in-state tuition rates, subject to the following limitations: The nonresidents admitted at in-state tuition rates shall not exceed three percent (3%) of the full-time equivalent attendance of the institution; The nonresident applicant must have a bona fide place of residence in a county that is adjacent to the Tennessee state line and also within a thirty-mile radius of the city in which the institution is located as determined by the Tennessee higher education commission; The Tennessee higher education commission has the authority to determine the number of affected students, and every three (3) years an adjustment shall be made to the number of nonresident students admitted according to this subsection (c); and In the case of any question of admission between applicants who are residents of this state and applicants who are not residents of this state, the preference in admission shall be given to Tennessee residents who are equally qualified relative to nonresident applicants. Acts 1925, ch. 115, § 16; Shan. Supp., §§ 1487a107, 1487a111; Acts 1927, ch. 50, § 3; mod. Code 1932, §§ 2399, 2403; Acts 1949, ch. 286, § 1; C. Supp. 1950, § 2399; modified; Acts 1959, ch. 185, § 1; 1973, ch. 144, § 1; 1974, ch. 522, §§ 1, 2, 5; T.C.A. (orig. ed.), §§ 49-3203, 49-3211; Acts 1987, ch. 342, § 1; 1989, ch. 562, § 1; 2002, ch. 595, § 1; 2015, ch. 447, § 1; 2016, ch. 869, § 4. Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621 . Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623 , and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017). Cross-References. Tuition-free courses for full-time university and college employees, § 49-7-116 .