Tennessee § 49-8-103 - [Reserved.]

§ 49-8-103. [Reserved.]

The board of regents and each state university board are authorized to establish from time to time reasonable and appropriate rules and policies defining residency of students, which shall be used for the purpose of determining whether or not out-of-state tuition shall be charged to a student enrolling in a state college or university subject to this chapter. The board of regents or a state university board may classify a student as a Tennessee resident and charge the student in-state tuition, if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission, and has: Graduated from a Tennessee public secondary school; Graduated from a private secondary school that is located in this state; or Earned a Tennessee high school equivalency diploma. Subdivision (b)(1) shall not be construed to limit the authority of the board of regents or a state university board under subsection (a) to establish other reasonable and appropriate rules defining additional categories of residents. Acts 1959, ch. 118, § 1; 1973, ch. 144, § 3; T.C.A., § 49-3224; Acts 2014, ch. 745, § 1; 2016, ch. 869, § 6. Compiler's Notes. Acts 2014, ch. 745 § 3 provided that the act, which added subsection (b), shall apply to academic year 2014-2015 and all years thereafter. 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. Law Reviews. Constitutional Law — Equal Protection — Statute Providing That Nonresident Status of Student, Established at Time of Admission, Should Be His Status for Duration of Attendance Is Invalid in Denying Nonresident Equal Protection of Laws, 3 Memphis State U. L. Rev. 370. 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).