webrev: 6/2008

CHAPTER IV   [PDF]

STUDENT FEES, RESIDENCY, FINANCIAL AID

A.    TUITION AND FEES   [PDF]

4-100  Definitions Used in Setting Tuition and Fees (PDF)

In this article, unless the context otherwise provides or requires:

1. “Base tuition” means the amount of tuition set for the ASU-Tempe, NAU-Flagstaff, and UA-Tucson campuses. For resident undergraduates, base tuition is not to exceed the top of the bottom one-third of rates set by all other states for resident undergraduate base tuition and mandatory fees at the senior public universities.

2. “Differential tuition” means tuition that deviates from base tuition and applies to all academic programs on a campus or in a college/school. Differential tuition may be established at the graduate or undergraduate level and may be lower than base tuition, or in limited situations, as prescribed in 4-104.C., higher than base tuition.
     
3. “Special program fees” means additional amounts charged to students in select undergraduate and graduate professional degree programs within colleges/schools or departments, including honors colleges.

4. “Special class fees” means additional charges for specific classes or courses.

4-101 Authority to Set Tuition and Fees (PDF)

1. The Board shall set resident and non-resident tuition, summer session fees, base fees for continuing education credit courses, and all other fees to be charged at the institutions. The Board may differentiate tuition and mandatory fees among institutions, academic levels, degree programs, delivery methods and among residents, nonresidents, and students from foreign countries, but the minimum resident and nonresident tuition shall not be set at an amount less than prescribed by the Legislature.
      
2. Fees for the College of Medicine shall be determined by using the fee for the current year as a base figure to be adjusted by an amount not to exceed the maximum necessary to maintain a position within the lower one-third of rates set by all other state-supported colleges of medicine for resident fees, as reported by the Association of American Medical Colleges (AAMC).
      
3. Fees charged to students as a result of contracts with outside organizations for items such as field trips may be adjusted by a university without Board action.
      
4. Dormitory, board, and related fees and any revision thereof shall not become effective until approved by the Board.
      
5. The university may, at the discretion of the president, use the resident per hour charge for students taking one through seven credit hours per semester

4-102 Nonresident Tuition (PDF)

As required by A.R.S. §15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.

4-103 Collection of Fees (PDF)

1. The universities shall collect at the time of registration, the payment or promise of payment of only those fees which are required for the proper operation of the universities and which are subject to the control of and disbursement by the universities.
   

2.  

   1. Each university shall establish procedures to collect outstanding obligations owed by students and former students.

   2. Each university shall maintain a system to record all delinquent financial obligations owed to that university by students and former students.

   3. Students with delinquent obligations shall not be allowed to register for classes, receive cash refunds or obtain transcripts, diplomas or certificates of degree without university approval. The university may allow students to register for classes if the delinquent obligation is $200 or less. The university will not allow students to obtain transcripts, diplomas or certificate of degree if the delinquent obligation is $25 or more.

   4. Unpaid obligations shall remain a matter of record until students and former students satisfy their financial obligations or until satisfactory arrangements for repayment are made with the university.

   5. The university may write off delinquent financial obligations of students according to accepted accounting principles and after appropriate collection efforts. No such write-off shall operate to relieve the student of liability for the obligation nor shall such write-off entitle the student to release of any transcript, diploma or certificate of degree or to register for further university classes, except as permitted in this policy, until such obligation is actually paid.

   6. Each university shall include this policy in its bulletin or catalog.

4-104 Procedure for Setting and Distributing Tuition and Fees (PDF)

1. Procedure for Setting Tuition and Fees

1. The Board's decision to establish base tuition and fees shall be based upon a review of the following:

1. A report on the average state expenditure authority per full-time equivalent student (SEAPS). The SEAPS shall be computed as follows: The state operating expenditure authority for a given year divided by full-time equivalent students.
     
2. A report on the availability of student financial aid including the sources of student financial aid; the number of students receiving aid by type of aid, the amount of aid awarded by type and by source; the ratio of gift aid to self-help aid, and information about the status of student need including unmet need for various categories of students (e.g., resident undergraduates).
     
3. Other student fees and charges established by each university.
     
4. Revenues required to service bonded indebtedness.
     
5. A report on the price of attendance at each university calculated using a common framework that is consistent with federal guidelines. Student financial assistance offices are to inform students through their financial aid publications of the possibility that additional costs may be included in the calculation of the price of attendance for individual students, and of the availability of an appeals process.

2. Except as provided in 4-104.B., any adjustment to resident tuition rates shall be made subject to the limitation that total mandatory undergraduate resident student tuition and fees shall not exceed the amount required to maintain a position at the top of the lower one-third of rates set by all other states for undergraduate resident tuition and mandatory fees at the senior public universities. It is the intention of the Board to reach the top of the lowest one-third (the 34th position) and maintain that position for the foreseeable future. The specific institutions to be included in this calculation will be described in a list approved by the Executive Director.
     
3. For professional graduate degree programs, the Board may establish fee ranges with upper and lower limits, subject to the provisions for disclosure and public hearing described below. Decisions will be based upon a review of the markets for these programs and will be effective for a period of up to three years. At any time during the three-year period, the Board may approve a specific fee within the established fee range.
     
4. The Board shall conduct at least one public interactive hearing on the proposed tuition and fee increases at least one week prior to the Board meeting at which tuition and fees will be determined.
     
5. At least ten days prior to the public hearing, a notice of the date, time and location of the hearing will be published in general circulation newspapers in Maricopa, Coconino and Pima Counties and other publications as determined.
     
6. At least ten days prior to the public hearing, each university will publicly disclose any recommended increases in tuition, university-wide fees and class fees over fifty dollars.
     
7. Final Board action on changes in tuition or fees shall be taken by roll call vote.

2. Differential Tuition And Special Program Fees

1. As provided below, universities may request approval of differential tuition or a special program fee at either the undergraduate or graduate level.
     
2. In limited situations as prescribed in this section, the board may approve differential tuition or a special program fee for resident undergraduates that exceeds the top of the lower one-third of rates set by all other states for resident undergraduate base tuition and mandatory fees at the senior public universities.
     
3. Procedure for establishing differential tuition

1. Differential tuition may be higher or lower than base tuition and applies to all academic programs on a campus or in a college/school. At the undergraduate level, a higher differential tuition may only apply to professional programs and only be charged to upper division students, beginning in a student’s junior year.
     
2. A university proposing differential tuition must develop a rationale addressing the following criteria. All proposals should address the criteria although not all of the criteria must be met in every single proposal.

(1) The quality of the student experience:

(a) Higher differential tuition should substantially increase the quality of the learning experience for the student and provide a basis for later opportunities that would not be possible without the differential increase.

(b) Lower differential tuition should not reduce the quality of the program or future opportunities for the student in that field.

(2) Access and affordability:

A higher differential tuition plan must allow for access for qualified students who cannot afford the differential amount. Each proposal, whether for a higher or lower differential, must include a financial aid plan with a minimum of 14 percent of the differential tuition set aside for need-based aid. The plan should shall include a college advising process that enables the student to anticipate future cost increases and (if necessary) to seek additional aid to cover the differential amount over base tuition.

(3) College/school/campus cost of instruction:

The differential tuition plan must include a clear justification related to the variance in cost for the college/school/campus compared to the funds that would be provided through base tuition.

(4) Market pricing:

There should be evidence that the differential tuition is comparable to the student cost for similar units at peer institutions so that the college/school or campus is not placed at a disadvantage in attracting the best students and that the differential tuition is appropriate to the market level nationally. The university should address elasticity of demand in its justification. At a minimum, the university shall provide tuition and fee data from each of the senior public universities (to which the board compares base tuition) and which charges differential tuition for a comparable college/school.

(5) Benefits to the entire university

If the differential tuition provides benefits to the university as a whole – and not just to a college/school or campus -- the university shall provide evidence of these benefits.

(6) Student consultation and support:

All differential tuition plans must show evidence of extensive and thorough consultation with the students who would be affected, both via student representative groups and via organized opinion-gathering among the students that would be or are already being charged differential tuition. Although universities have some discretion in meeting this requirement, the board will consider the results of organized student referenda on proposals for differential tuition.

3. Lower differential tuition may be charged where costs of delivery are consistently and substantially below average main campus expenses.
     
4. Subject to the criteria in policy 4-104 B.3, higher differential tuition may be charged by colleges/schools that:

(1) Require markedly higher than university average expenditures, especially for faculty and/or equipment, throughout a whole college/school or campus and

(2) Lead to employment possibilities from that entity that give students’ prospects that are demonstrably worth the higher price.

5. Before approving a differential tuition request which would be applicable to a resident undergraduate, the board will review the weighted average of all proposed tuition, mandatory fees, differential tuition, and special program fees for resident undergraduates for the ensuing year and consider how it corresponds to the top of the lower one-third of rates set by all other states for resident undergraduate base tuition and mandatory fees at the senior public universities.
     
6. Differential tuition will be administered as one total sum out of which the standard deductions for the qualified tuition reduction program and need-based financial aid will be subtracted in the same way these are deducted from base tuition at each university.

4. Procedure for establishing special program fees

1. Special program fees are additional amounts charged to students in select undergraduate and graduate professional degree programs within colleges/schools or departments, including honors colleges, that have demonstrably higher costs of delivery overall because of special equipment, technological, and/or key personnel expenses. Special program fees shall be charged only to upper division students, beginning in a student’s junior year, except when the fee has been approved for an honors college.
     
2. A university proposing a special program fee must develop a rationale addressing the following criteria.

All proposals should address the criteria, though not all of the criteria must be met in every single proposal.

(1) The quality of the student experience: the special program fee will substantially increase the quality of the learning experience for the student, providing a basis for later opportunities that justifies the extra cost to the student.

(2) Access and affordability: the special program fee plan must allow for access for qualified students who cannot afford the special program fee and include a financial aid plan with a minimum of 14% of the fee set aside for need-based aid. The plan should shalll include a college advising process that enables the student to anticipate future cost increases and (if necessary) to seek additional aid to cover the differential amount over base tuition.

(3) Cost of delivering the college/school instructional program: the special program fee plan must indicate additional costs for operating the program that are markedly in excess of the normal and usual costs of a university program, including additional services, materials, and/or opportunities that are provided for students in the program.

(4) Market pricing: there should be evidence that the program fee in a college/school is comparable to the student cost for such majors at peer institutions so that the college/school is not placed at a disadvantage in attracting the best students and that the program fee charged is appropriate to the market level nationally. The university should address elasticity of demand in its justification.

(5) Benefits to the entire university: if the special program fee provides benefits to the university as a whole, the university shall provide evidence of these benefits. At a minimum, the university shall provide tuition and fee data from each of the senior public universities (to which the board compares base tuition) and which charges differential tuition for a comparable program.

(6) Student consultation and support: all special program fees plans must show evidence of extensive and thorough consultation with the students who would be affected, both via student representative groups and organized opinion-gathering among the students that would be or are already being charged a special program fee. Although universities have some discretion in meeting this requirement, the board will consider the results of organized student referenda on proposals for special program fees.

(7) Increased earnings potential of program graduates: there should be evidence of the potential for substantially higher salaries than the average for those who earn a graduate degree.

(8) Accountability: universities to which a program fee is granted must annually present evidence of an internal process that audits the spending of program fees to ensure that they are applied to the needs and purposes for which each program fee has been approved.

3. Before approving a special program fee request which would be applicable to a resident undergraduate, the board will review the weighted average of all proposed tuition, mandatory fees, differential tuition, and special program fees for resident undergraduates in the ensuing year and consider how it corresponds to the top of the lower one-third of rates set by all other states for resident undergraduate base tuition and mandatory fees at the senior public universities.
     
4. A special program fee is not included as a part of base tuition.
     
5. Except where a tuition waiver is required by law, special program fees are not subject to waivers. Each university may choose to offset the extra cost of a special program fee with deductions for the qualified tuition reduction program and need-based financial aid set aside. This may be done either centrally or by the college/school or campus, prior to the remainder being allocated to the program involved.

(1) A master list of special program fees shall be maintained by the institution. The listing should show programs for which special fees or deposits must be paid, the amount of the fee/deposit and the account where the funds are credited.

(2) A listing showing program and fee/deposit amounts is to be published on all media used as part of each semester's schedule of classes. Programs for which fees or deposits must be paid are to be footnoted as such within the text of the course listings regardless of media used.

(3) Before requesting a special program fee, each university should consider the number of special program fees being charged by a college/school to determine if differential tuition should be charged rather than a special fee.

3. Distributing Tuition and Fees

1. The universities shall submit to the Regents each year as part of their operating budget request their calculation of the funds required to be retained locally from tuition and fee revenues for (1) operating needs, and (2) bond debt service. The submitted request shall include a list of those activities and specific bond issues for which the universities anticipate using the retained funds.
     
2. Funds so collected may be distributed as follows:

1. For debt service on bonding obligations authorized by the Board of Regents.
     
2. For local fund activities and activities to improve the quality of educational operations as approved by the Board of Regents.
     
3. All remaining funds shall be deposited with the State Treasurer.

4-105  Procedure for Establishing Special Class Fees and Deposits (PDF)

1. Authority to Establish New Fees/Deposits

New class fees and deposits shall be approved in writing by the University's Vice President for Academic Affairs/Provost and be in compliance with the definitions shown below. Departments shall submit written requests within the required deadlines of the registrar’s office in order to facilitate timely notification to students and necessary adjustments to on-line registration systems. Approval given after the registrar’s deadlines for the current semester will not apply until the next semester or session that the course is offered.

Requests for new fees or deposits shall include the following information: Justification or purpose of the fee or deposit, basis upon which a deposit per student was calculated, semesters in which the course is offered, and the local departmental account where the revenue and related expenses will be recorded.

New special class fees and deposits totaling more than $100 or which do not comply with the definitions outlined below shall be submitted to the Arizona Board of Regents for approval prior to registrar’s deadlines for implementation.

If concurrent registration is required between a lecture and a laboratory, the combined amount of new special class fees for the lecture/laboratory cannot be more than $100 without Board approval. If an increase to the special class fees of such required concurrent registration lecture/laboratory totals more than $100, Board approval of the increase is required before implementation.

Increases to existing special class fees and deposits where the proposed additional fee or deposit totals more than $100 shall also be submitted to the Arizona Board of Regents for approval prior to registrar’s deadline for implementation.

Approval is not required each time the course with the special fee or deposit is offered. However, all fees or deposits are subject to change resulting from internal periodic reviews of the ongoing need for the fee including fund balance.

2. Definitions Pertaining to Special Class Fees or Requests
   
   Special class fees and deposits for various purposes are defined below. Fees and deposits may not be imposed except under the following definitions, and in every case must be imposed only for expenses that are necessary for the successful completion of the course objectives.

   1. Off Campus Field Trips or Specialized Equipment/Facilities Use

• Group travel costs such as gas and mileage reimbursements, but not the cost of food except under unusual circumstances, such as, trips to remote areas where food is not readily available;
• Admission fees to off campus educational facilities;
•  Rental or use fees for specialized equipment used exclusively for instruction, e.g., flight simulator, etc.; and
•  Rental or use fees for off campus facilities or on campus facilities where a usage fee is normally charged, e.g., use of a bowling alley.

2. Private Instruction

• One on one study with an instructor in special areas of study, such as, music performance.

3. Expendable Materials

• Materials of a specialized nature that are not readily available in retail stores;

• Materials that can be purchased by the department in large quantities at significant cost savings to the students;

• Materials that must conform to certain specifications and be identical for all students; and

• Expensive materials needed by each student in such small quantities that they couldn’t economically be normally purchased in such quantities;

• Arizona Board of Regents Policy Manual Chapter III, Section 3-803 entitled Bidding and Source Selection Procedures and the State Bidding and Source Selection Procedures should be adhered to.

4. Technology Expense Fees

• Technology expenses must be course-specific, beyond the normally expected basic services, to be defined by each university.

5. Selected Personnel Expenses

• Models hired for art classes and for clinical practice classes. Musical accompanists for music and dance classes for classes requiring them.

• Supervisory instruction (including travel) for in-context training classes such as on-site student teaching; social work practicum (field experience); and nursing clinical experience.

• Special instructional support (technological support for multi-media learning, digital/graphic design, enhanced audio/visual development, and assistants for small break-out groups, recitation sections; preparation of materials, chemicals, supplies essential for classroom instruction, and group learning facilitators such as for supplemental instruction.) Excluded are costs for graduate assistants and teaching assistants who are instructors of record.

• Deposits

• For expensive equipment or apparatus that is temporarily entrusted to students’ care, where the deposit must be fully refundable upon the return, in satisfactory condition, of such equipment or apparatus.

3. Collection of Fees and Deposits

Special Class fees and deposits shall be billed and collected in the same fashion as other tuition fees, except in unique situations, when payment of the fee shall be made directly to a non university operator of an instructional facility. Said non-university recipient of fees should be specified as part of the initial fee approval process. Examples of the latter case include rental of aircraft, rental of sports equipment or use of off campus facilities such as a golf course. In no case should on site payments be made to the course instructor.

Fees collected at the time of tuition payment shall be distributed by the University Comptroller to local departmental accounts, where it will be the responsibility of the academic unit to maintain accurate records of funds collected and expended.

4. Refunds of Special Class Fees and Deposits

1. Special fees are refundable to students according to the policy established by each university.
     
2. Deposit collections are distributed by the University Comptroller to local departmental accounts at the same time as revenue from special class fees are distributed, along with reports showing students who have paid the deposits. The academic unit is responsible for maintaining accurate records of students who have paid deposits, and for making refunds of appropriate amounts at the end of the semester or session.

5. List of Special Fees/Deposits

A master list of special fees and deposits shall be maintained by the institution as part of its policy and procedures. The listing should show courses for which special fees or deposits must be paid, the amount of the fee/deposit and the local departmental account where the funds are credited.

A listing showing courses and fee/deposit amounts is to be published on all media used as part of each semester’s schedule of classes. Courses for which fees or deposits must be paid are to be footnoted as such within the text of the course listings regardless of media used.

6. Before requesting a special class fee, the university should review the number of special class fees being charged by a college/school to determine if the special class fee should be replaced with a special program fee.

B.    TUITION CLASSIFICATION   [PDF]

4-201 Definitions (PDF)

In this Article B, unless the context otherwise provides or requires:

1. "Adult" means a person who has attained the age of eighteen (18) years.
      
2. "Alien" means a person who is not a citizen of the United States or a permanent resident alien.
      
3. "Armed forces of the United States" means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Commissioned Corps of the United States Public Health Services and the National Oceanographic and Atmospheric Administration, the National Guard and any military reserve unit of any branch of the armed forces of the United States.
      
4. "Board" means the Arizona Board of Regents.
      
5. "Classification officer" means an administrator at each university designated by the president to classify students for tuition purposes.
      
6. "Clear and convincing evidence" means evidence that is clear in the sense that it is not ambiguous, equivocal, or contradictory; it is evidence that is satisfactory in the sense that it comes from such a credible source as to cause the hearer to have confidence in it.
      
7. "Continuous attendance" means enrollment at a university as a full﷓ time student for a normal academic year from the beginning of the period for which continuous attendance is claimed. A person need not attend summer sessions or other such intersession beyond the normal academic year in order to maintain continuous attendance.
      
8. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where the person intends to remain, and to which the person intends to return when leaving without intending to establish a new domicile elsewhere.
      
9. "Emancipated person" means a person who is neither under a legal duty of service to his or her parent nor entitled to the support of such parent under the laws of this state.
      
10. "Financial independence", for purposes of this policy, means a student's ability to meet his or her own expenses from self-generated funds under his or her control. A student will generally be considered financially independent if he/she:

1. is a veteran of the U.S. Armed Forces; or
      
2. was not claimed as an income tax deduction by his/her parents or any other individual for the two years immediately preceding the request for residency classification, and has demonstrated objective evidence of self-support for two years. The two years used to demonstrate self-support are the two tax years immediately preceding the request for residency classification.

11. "Guardian" means a court appointed legal guardian.
       
12. "Last day of registration" means the final day of regular registration for credit for a semester as published by the university.
       
13. "Minor" means a person under the age of eighteen (18) years.
       
14. "Parent" means a person's father or mother, or if one parent has custody, that parent, or if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person if there are not circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of resident student on such unemancipated person.
       
15. "President" means the president or acting president of a university and any person authorized and directed by the president to act for him or her.
       
16. "Review committee" means a committee at each university designated by the president to review classification determinations.
       
17. "State" or "this state" means the State of Arizona.
       
18. "Student" means a person who registers for one or more credit hours per term.
       
19. "Unemancipated person" means a person who has both a legal duty of service to his or her parent and is entitled to the support of such parent under the laws of this state.
       
20. "University" means the University of Arizona, Arizona State University, Northern Arizona University, and any other university governed by the Board.

4-202 General Rules (PDF)

1. The policies and procedures set forth in ABOR Policies 4-100 through 4-208 (Tuition Classification) shall supplement A.R.S. 15-1801 through 15-1807 in determining classification of students for tuition purposes.
     
2. Each university shall follow the policies and procedures set forth in ABOR Policies 4-100 through 4-208 (Tuition Classification) in determining classification of students for tuition purposes.
     
3. The central staff of the Board shall prepare an informational summary of the policies and procedures set forth in ABOR Policies 4-100 through 4-208 (Tuition Classification). A university may include this informational summary in its catalog or may otherwise make it available to students and other interested persons.
     
4. Each student shall be classified as either a resident student or a nonresident student for tuition purposes. A student who is not classified as a resident student shall pay non-resident tuition in addition to other established fees and charges except that the Board may set special session fees such as those for summer and winter sessions which may or may not be the same for resident and nonresident students.

4-203 Requirements for Resident Status (PDF)

1. Subject to ABOR Policy 4-102 (Non Resident Tuition), a person shall be classified as a resident student if domiciled in the state for at least one year immediately preceding the last day of registration.  The elements necessary to establish domicile are set forth in ABOR Policies 4‑204 and 4-205 (Establishing Resident Status and Evidence to be Considered).

2. Subject to ABOR Policy 4-102 (Non Resident Tuition), a person shall also be classified as a resident student if the person can establish that on or before the last day of registration the person satisfies any one of the following conditions:

   1. The person is domiciled in this state and:

      1. The domicile of the person's parent is in this state, and

      2. The parent is entitled to claim the person as an exemption for federal and state tax purposes.

   2. The person is domiciled in this state and

      1. The person’s spouse has established domicile in this state for at least one year immediately preceding the last day of registration and has demonstrated financial independence,

      2. The person’s spouse is entitled to claim the person as an exemption for federal and state tax purposes, and

      3. If the person applying to be a student is a non-citizen, the person must be in an eligible visa status to be classified as a resident student.

   3. The person is domiciled in this state and the person is:

      1. An employee of an employer which transferred the person to this state for employment purposes, or

      2. The spouse of such an employee, or

      3. An employee of an Arizona employer taking not more than six credit hours solely through electronic course delivery at employer-sanctioned sites in Arizona, when the employer is required to pay additional site fees or transmission costs.

   4. A person who was serving at a military installation in Arizona at the time the person was honorably discharged from any branch of the armed forces of the United States is entitled to immediate classification as an in-state student, without regard to the length of time the person was domiciled in this state.

   5. The person is a member of the armed forces of the United States stationed in this state pursuant to military orders or is the spouse or dependent child as defined in A.R.S. 43‑1001 of a person who is a member of the armed forces of the United States stationed in this state pursuant to military orders at the time the spouse or dependent child is accepted for admission.

   6. The person is a member of the Armed Forces of the United States stationed outside of this State pursuant to military orders or is the spouse or dependent child (as defined in A.R.S. 43-1001) of a person who is a member of the Armed Forces of the United States stationed outside of this State pursuant to military orders, and the person claimed Arizona as the person=s legal residence for at least twelve consecutive months prior to the last date of registration.  The person claiming resident status under this section shall be required to:

      1. provide a copy of the military form DD-2058 which verifies state of legal residence; and

      2. provide evidence of having filed an Arizona Resident Income Tax Return with the Arizona Department of Revenue for the prior tax year on all income from all sources

   7. The person is an honorably discharged member of the Armed Forces of the United States or is the spouse or dependent child as defined in A.R.S. 43-1001 of a person who was honorably discharged from the Armed Forces of the United States, and meets all of the following conditions:

      1. The person claimed Arizona as his/her legal residence for at least twelve consecutive months prior to discharge as evidenced by a DD-2058;

      2. The person demonstrated objective evidence of intent to be a resident of Arizona by satisfying at least one of the conditions set forth in ABOR Policy 4-205(A)(3) (Evidence to be Considered);

      3. The person filed an Arizona Resident Income Tax Return with the Arizona Department of Revenue for the prior tax year on all income from all sources;

      4. The person physically relocated to Arizona following discharge.

   8. The person is a member of an Indian tribe recognized by the United States Department of Interior whose reservation land lies in this state and extends into another state and who is a resident of the reservation.

   9. The person is domiciled within 75 miles of the Arizona border in Clark County, Nevada or Washington or Kane Counties, Utah, or in San Bernardino, Imperial, or Riverside Counties in California, including the cities of Needles, Blythe, El Centro, Brawley, and Winter Haven, and is enrolling in a total of no more than six (6) credit hours per semester offered in Mohave, La Paz, or Yuma Counties, Arizona by Arizona State University, Northern Arizona University, or the University of Arizona or the person is domiciled within 75 miles of the Arizona border in Grant, Hidalgo, or Luna Counties in New Mexico and is enrolling in a total of no more than six (6) credit hours per semester offered in Cochise County, Arizona by Arizona State University, Northern Arizona University, or the University of Arizona.  This program is designed to reduce excess capacity; therefore, the Presidents of Arizona State University, Northern Arizona University, and the University of Arizona shall assure that their respective programs do not result in denying course offerings to Arizona residents or result in additional expenditures being required on course offerings.

   10. The person is a doctoral graduate student who is a candidate for degree, having completed all requirements for the degree except dissertation, and who qualified as a resident student immediately prior to being eligible to begin dissertation.

   11. The person is a graduate assistant or graduate associate at Arizona State University, Northern Arizona University, or the University of Arizona whose assigned teaching or research responsibilities meet the guidelines established by the university for designation as a resident student.

   12. The person is an employee of a public school district in this state and is under contract to teach on a full-time basis, or is employed as a full-time noncertified classroom aide at a public school within that school district.  For purposes of this paragraph, the person is eligible to pay in-state tuition only for courses necessary to complete the requirements for certification by the State Board of Education to teach in a public school district in this state.  No member of the person=s family is eligible for classification as an in-state student pursuant to this paragraph, although they may qualify under other exceptions.

The universities:

1. Shall establish uniform procedures to determine whether courses taken by a teacher or classroom aide qualify under this section

2. Shall consider charter schools as public schools consistent with Arizona statutes.

3. May apply this section to teachers and classroom aides from private schools where those private schools require that teachers hold Arizona teacher certification.

3. Subject to ABOR Policy 4-102 (Non Resident Tuition), an alien who does not hold a visa that prohibits establishing domicile in this state shall be classified  as a resident student if the alien can establish that on or before the last day of registration the alien meets one of the following situations:
     
   1. Qualifies as a resident student under ABOR Policy 4-203A or 4-203B (Requirements for Resident Status); or
        
   2. Qualifies as a resident refugee student by virtue of having been granted refugee status in accordance with all applicable laws of the United States and having met all other requirements for domicile in this state; provided that in establishing domicile, the alien must not hold a visa that prohibits establishing domicile in this state.
        
4. Subject to ABOR Policy 4-102 (Non Resident Tuition), a full‑time student admitted and enrolled at a university who obtains resident status by virtue of ABOR Policy 4-203B.3 (Requirements for Resident Status) does not lose resident status while in continuous attendance toward the degree for which currently enrolled.
     
5. The domicile of an unemancipated person is that of such person's parent.  Subject to ABOR Policy 4-102 (Non Resident Tuition), any unemancipated person who is a student admitted and enrolled at a university and who remains in this state when the person's parent, who had been domiciled in this state, removes from this state does not lose resident status while in continuous attendance toward the degree for which currently enrolled.

4-204 Establishing Resident Status (PDF)

1. Each student is responsible for:

1. Obtaining a tuition classification determination prior to registration and payment of fees; and
      
2. Properly registering for classes using the tuition classification determined by the university.

2. A student who applies for classification as a resident student shall be responsible for establishing by clear and convincing evidence all factors necessary to provide a basis for such a classification determination.
      
3. The deadline to submit a petition for classification as a resident student shall be the last day of registration for credit as published by each university.
      
4. Failure to file a petition for classification as a resident student within the time prescribed shall constitute a waiver of the right to file such a petition for that semester.
      
5. In addition to the requirements set forth in 4-102 (Non Resident Tuition), to establish a person's domicile in this state, a student must establish that he or she was concurrently:

1. Physically present in this state; and
      
2. Had the intention of abandoning his or her former domicile and remaining in this state for an indefinite period of time.

6. If a student who is a minor applies for classification as a resident student and alleges that he or she is an emancipated person, the student, in addition to any other necessary factors to be established, shall also establish that:

1.  He or she is not living with a parent or relative; and
      
2. There has been a complete severance of the parental relationship as to all legal rights and liabilities, including care, custody, control and service.

7. Unless the contrary appears to the satisfaction of the classification officer or review committee making a classification determination, it shall be presumed that:

1. No emancipated person has established a domicile in this state while attending any educational institution in this state as a full-time student in the absence of a clear demonstration to the contrary.
      
2. Once established, domicile in this state is not lost by mere absence from this state unaccompanied by intention to establish a new domicile elsewhere.
      
3. A person who has been domiciled in this state immediately prior to becoming a member of the armed forces of the United States shall not lose resident status by reason of such person's presence in any other state or country while a member of the armed forces of the United States.

8. For any semester, if a student applies for classification as a resident student, but is classified as a nonresident and believes that the classification is erroneous, then the student may request a review in accordance with procedures set forth in ABOR Policy 4-207 (Review Procedure).

4-205 Evidence to be Considered (PDF)

1. All of the evidence is weighed under the presumption that a non-resident student's presence in Arizona is primarily for the purpose of education and not to establish domicile, and that decisions of an individual as to the intent to establish domicile are generally made after the completion of an education and not before. In determining classification of students for tuition purposes, any relevant evidence may be considered, including, but not limited to, such items as the following:
     
   1. Objective evidence of continuous presence in this state for twelve months.
   2. Objective evidence of intent to be a resident of this state as demonstrated by the absence of ties to the former state of residence and the following:

1. Financial independence, as defined in Section 4-201(J), indicators of financial independence include:
   1. Employment and earnings.
   2. Source of support.
   3. Evidence regarding filing of state income tax returns.
   4. Residence claimed on federal income tax returns of applicant and/or parents.
   5. How and where health and auto insurance policies are maintained.
2. State in which motor vehicle is registered.
3. Date of and state issuing driver's license.
4. Employment history, including assured future permanent employment in Arizona
5. The transfer of major banking services to Arizona
6. Applications for loans, scholarships, grants﷓in﷓aid, or other such assistance
7. Date and state in which student is registered to vote
8. Place of prior attendance in educational institutions, including high schools, and any information held by such schools affecting domicile
9. Marital status and work record of registrant and spouse
10. Change in permanent address on all pertinent records
11. State in which registered with Selective Service
12. Military records
13. Ownership of real property
14. All other material of whatever kind or source, which may have a bearing on determining domicile or resident status

2. A student must couple his or her physical presence within Arizona for twelve months with clear and convincing objective evidence of good faith intent to make Arizona his or her permanent home. Actions used to indicate intent must be accomplished at the beginning of and maintained throughout the domicile year. Acts or events occurring less than one year before the last day of registration may not be relied upon as evidence of intent to establish domicile in Arizona, but may be considered as evidence of the lack of such intent.
      
3. Whether the evidence is clear and convincing evidence sufficient to meet the student's burden of proof depends not only on the amount of evidence presented, but also its reliability, authenticity, credibility and relevance. A statement of intent by the student should be weighed in light of the fact that the student knows that he or she will realize a substantial reduction in tuition by being classified as a resident.
      
4. Each item presented for determination shall be subject to the classification officer's or review committee's decision as to the weight to be given to it, and such officer or committee shall be the sole judge of the authenticity or truthfulness of any material or statements submitted as supportive evidence.

4-206 Classification Procedures (PDF)

1. Enforcement of the requirements of this Article B shall be the responsibility of the president of each university who shall designate a classification officer who shall classify each student for tuition purposes.
      
2. To apply for a tuition classification determination, a student shall file with the classification officer or with the university's admissions office, whichever is appropriate to each university's practices and procedures, the following:

1. A domicile affidavit in a form available from the university and which sets forth information relevant to making a classification determination; and
      
2. If resident status is sought, all additional supporting documents sufficient to meet the student's burden of providing clear and convincing evidence of all factors necessary to provide a basis for classification as a resident student. The university may require that one or more of these supporting documents are in a notarized form.

3. The classification officer shall make a determination in a timely manner after all information has been received. In determining a student's classification, the classification officer:

1. May use informal procedures to facilitate classification including discussion, exchange, counseling, and other kinds of communication with the student.
      
2. May consider all evidence, written or oral, presented by the student and any other information obtained by the university or received from any source and which is relevant to determining classification.
      
3. May request written sworn statements to be supplied by the student and/or parent(s) and/or guardian(s).
      
4. May consult with other university officials prior to making a determination.

4. Notice of the determination shall be communicated to the student orally or by mail to the most recent address furnished to the university by the student. If the student is classified as a nonresident, the student must pay non-resident tuition and other fees and charges at time of registration.

4-207 Review Procedure (PDF)

1. Upon appeal, the university review committee shall be responsible for rendering a decision in accordance with Arizona State Statutes and Board Policy for determining tuition status.

2.  The university tuition classification review system shall consist of one or more review committees. Each committee shall consist of at least three voting members appointed by the president of the university for a term of one fiscal year. Members may be reappointed by the president. The president shall determine the number of committees required to expeditiously conduct review hearings.

3.  The president shall designate a chair for each committee, who shall serve at the pleasure of the president and shall retain voting privileges. Members of each committee may include representatives from the faculty, administration, staff, professionals and student body of the university. Classification officers shall not serve as members of such a committee. The president may also appoint alternates who shall serve in place of a regular committee member at any hearing at which such regular member may be absent or disqualified.

4. At least three committee members, including any alternates, must be present to conduct a hearing and render a decision in any request for review of a classification determination.

5.  A request for review by a student classified as a nonresident shall be filed with the classification officer no later than 35 days from the last day of registration. The request shall be in writing, signed by the student and shall include (a) the student's current mailing address; (b) the reasons why the student claims the classification determination is erroneous; and (c) a signed statement setting forth all facts in support of the student's claim that the classification determination is erroneous.

6.  Failure to file a request for review within the time prescribed shall constitute a waiver of the right to request review.

7.  The review committee shall schedule a hearing within a reasonable time after receipt of request for review and shall provide the student with written notice of the date, time and place of the meeting at least seven days prior to the meeting. Such notice may be made personally or by certified mail to the current address listed by the student with the university.

8. The student shall have the right to appear and may be represented by an advisor of his or her choice at the student's expense. If the student, without valid excuse or prior authorization, fails to appear, the committee may determine the matter on the basis of evidence before it. The student or the student's advisor, but not both, may examine and cross examine witnesses and summarize the evidence in final argument to the committee.

9. Every document filed with the university relating to classification of the student for tuition purposes shall constitute a part of the record. The committee shall also hear any relevant evidence, which the student or the university wishes to present.

10. Formal rules of evidence shall not apply. The committee shall receive and consider oral and documentary evidence of the kind on which responsible persons are accustomed to rely in serious matters. The committee may exclude evidence that is cumulative or repetitious, and will determine the credibility or weight to be given to the evidence presented.

11. The proceedings of the committee shall be recorded. Any copies of the record, or copies of a transcript if one is created, desired by the student shall be at the student's expense.

12. The order of proof shall be determined by the committee.

13. The committee may make such rules for the conduct of hearings as are not inconsistent with these procedures.

14. The decision of the committee shall be final. The decision may be made by the committee at the time of the hearing, or the committee may take the matter under advisement in which case the matter shall be decided within ten days following the hearing.

15. Written notice of the decision of the committee shall be promptly sent by certified mail to the student's current address filed with the university.

    1. If the committee determines that the student should be classified as a resident student, it shall direct the classification officer of the university to so classify the student, and the university shall then refund to the student the difference between the non-resident and resident tuition collected as a result of the nonresident classification. If the student files to appeal the initial classification of residency (upon admission) within the first term of attendance and the student is successful in that appeal, any difference between the in-state and out-of-state application fee paid by the student will also be refunded.

    2. If the student is determined to be a nonresident, the written notice shall advise the student that no further procedures within the university are available; that the student may have right to judicial review in the state courts; that the time to pursue any legal action may be short; and that if the student wishes to pursue legal action, the student should seek legal counsel.

4-208 Miscellaneous Provisions (PDF)

1. The classification of a matriculated student is transferable from one university to another, but the student or the university to which the student seeks to transfer may request or initiate reconsideration of tuition status at time of transfer.
      
2. Any student found to have made a false or misleading statement concerning domicile or tuition status shall be subject to dismissal from the university.
      
3. Each university retains the right to review and redetermine classification of students for tuition purposes is accordance with the criteria established in this policy.

C.    STUDENT FINANCIAL AID   [PDF]

4-300 Preamble (PDF)

1. Financial Aid Statement of Purpose

Education is the cornerstone of a free and enlightened people, and the Arizona Board of Regents affirms that higher education is beneficial to both the individual and society. In order to realize an educated society, a comprehensive and responsible set of financial assistance programs is crucial. These programs will ensure access to higher education, provide choice among education opportunities, promote diversity, enrich campus life, foster retention and graduation of students, and assist in the preparation of a better work force. Financial assistance programs, when properly funded, will provide individuals the opportunity to benefit from a university experience. It is by removing financial barriers and moving toward greater university access for qualified students that our state can most expeditiously ensure its stability, growth, and prosperous future.

2. Policy Goals
      
   1. As per the Arizona Constitution, Article 11, Section 6, "The University and all other State educational institutions shall be open to members of both sexes and the instruction furnished shall be as nearly free as possible." The State's responsibility is to keep the cost of education as nearly free as possible. It is the responsibility of students and their families to share, within their financial ability, in the cost of attendance. Board of Regents' financial aid programs, used in conjunction with federal and other financial aid programs, have the goal of minimizing the disparity between student and family resources and cost of attendance.

2. There should be a reasonable mix between loan, work and gift aid. At the undergraduate, graduate, and professional levels, a reasonable proposition of gift/self-help aid should be determined in a manner that minimizes loan indebtedness and weekly work burdens.

1. At the graduate and professional level, the mix of aid may be different from undergraduate; loan indebtedness should be minimized by expanding assistantship opportunities, other work opportunities, and gift aid.
2. At the undergraduate level, loan indebtedness should be minimized by expanding appropriate work opportunities and increasing gift aid.
3. Board of Regents' programs should give priority to gift aid and be used to ensure the appropriate proportion of gift/self-help aid.

3. Board of Regents' financial aid programs may be a mixture of academic merit and financial needs awards. 

1. At least fifty percent (50%) of undergraduate Board of Regents’ aid for Arizona residents shall be awarded to students who have a demonstrated financial need. The universities must use a federally approved need assessment system to determine student financial need.
2. At least thirty percent (30%) of undergraduate Board of Regents’ aid for Arizona residents shall be awarded to students on the basis of merit.
3. Meritorious students with demonstrated financial aid may be included in the calculations described in both a and b.
4. The following categories of waivers are not included in the calculations described in a and b:

1. Athletic Financial Aid (4-305)
2. Resident tuition waivers for children and spouses of slain Arizona peace officers, Arizona fire fighters, Arizona emergency paramedics and Arizona military service personnel (4-308)
3. Non-Resident Waivers for Students from Sonora, Mexico (4-312)
4. Resident tuition waivers for members of the Community College All-Arizona Academic Team (4-316)
5. Qualified tuition reduction (6-902)
6. Educational assistance Plan (6-903)

4. The majority of all Board of Regents' authorized awards at the undergraduate level should be targeted to resident students whether need- or merit-based and the Board of Regents' funds at the graduate level should be targeted to all graduate students whether need- or merit-based.
      
5. In awarding resident waivers, the universities shall take into account the special needs of students from various groups that historically have been underrepresented in the Arizona University System.
      
6. Institutional flexibility in administering Board of Regents' programs is essential to address Board initiatives, differing students needs, and resource availability. Institutions may propose additional aid resources from tuition revenue or other sources during their annual budget process with ABOR.
      
7. When tuition fees increase, the Board of Regents should measure and provide for the newly created need.
      
8. The Board of Regents should set policy with the goal of affecting cost of attendance and financial aid in such a manner as to decrease the overall need.
      
9. Policies should be reviewed periodically in light of changing demographics, economic conditions, and federal/state program changes.
      
10. Independent entities such as the University Foundation should be encouraged by the Board of Regents to raise funds, develop endowments, and create long-term trusts which will serve to expand and enhance the available base of financial aid sources in the future.

3. Accountability

1. Each year during the annual budget process, each university shall submit for approval by the Board its financial aid plan, including the value of waivers and cash awards; their distribution among residents and nonresidents, needy and meritorious recipients, undergraduates and graduates; gross tuition revenue; and net tuition revenue.
      
2. Subsequently, each year during the spring semester, each university shall report to the Board, on forms approved by the Executive Director, the number and value of waivers and cash awards allocated for that academic year and their distribution among residents and non residents, needy and meritorious recipients, undergraduates and graduates; actualized gross tuition revenue; and actualized net tuition revenue.

4. Eligibility

As set forth in A.R.S. §15-1825, a person who is not a citizen of the United States, who is without lawful immigration status and who is enrolled as a student at any university under the jurisdiction of the Board is not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies.

4-301 Tuition Waivers (PDF)

1. The universities may award the value of waivers approved by the Board during the annual budget process.
     
2. A full-time resident waiver waives the full-time resident tuition approved by the Board.
     
3. A full-time nonresident waiver waives the different between the full-time nonresident tuition and the full-time resident tuition approved by the Board.
     
4. Waivers may be awarded to resident and nonresident undergraduate or graduate students.
     
5. The universities may award partial waivers provided that the total costs of all waivers do not exceed the budgeted costs of authorized waivers.
     
6. Waivers based upon academic merit shall be extended to the "best and brightest" of Arizona's students from all education settings including the state's public, private, charter, and home schools.
   1. To assure fair and equitable access, each university shall establish and administer selection criteria appropriate to students from public, private, charter, and home schools
        
   2. Beginning with students who enter in fall semester 2000, each university shall report annually to the Board information including:
        
      1. The number of recipients and dollar value of resident tuition waivers issued on the basis of academic merit to students from public, private, charter, and home schools, and
      2. The criteria used in awarding waivers to students from public, private, charter, and home schools.
           
7. The universities are strongly encouraged to use special talent waivers to recruit talented undergraduate nonresident students only after talented resident students have received full attention.
     
8. Each university shall establish minimum GPA requirements for the continuation of merit scholarships granted to nonresident undergraduates consistent with the terms and conditions determined by each institution for scholarship renewal. The minimum requirements and number of scholarships for each institution will be reported in the annual student financial aid report.

4-302 Non-Resident Waivers (PDF)

Repealed

4-303 Special Purpose Scholarships (PDF)

1. The Bill and Mary Reilly Scholarship is established with funds donated to the Board for that purpose. The funds will be held, managed, and invested by Arizona State University on behalf of the Board and the income from the investment of the funds shall be used to award a scholarship to students who completed their undergraduate education at an Arizona university and who are pursuing, on a full﷓time basis, a Master of Business Administration degree.

The scholarship will be awarded on a rotating basis by each university beginning with the University of Arizona, then Arizona State University, then Northern Arizona University.

2. The Tom Chauncey Fund is established with funds from the sale of the Governor's residence. The funds and the interest therefrom shall be managed and invested by Arizona State University on behalf of the Board of Regents. The principal and interest earned through December 31, 1983, shall not be expended for any purpose. Beginning with the Fall semester of 1984, the income from the fund shall be distributed among the three universities on the basis of the audited full﷓time equivalent students for the previous Fall semester. The income shall be used and expended in the form of low interest loans and shall be awarded to students from economically disadvantaged backgrounds who demonstrate financial need with a focus on students from minority groups which have been traditionally underrepresented in colleges and universities in career academic and professional fields.
3. The Duncan Jennings Memorial Scholarship Fund is established with funds donated by the Phoenix Advertising Club, Inc.

4-304 Naming of Scholarship Programs Established by the Board of Regents (PDF)

1. A Board-established tuition waiver or scholarship program shall not be named for a living person without a two-thirds majority vote of the members of the Board present.
      
2. The name or title of any Board-established tuition waiver or scholarship program must be approved in advance by the Board.

4-305 Athletic Financial Aid (PDF)

1. To be eligible for and to retain athletically related financial aid, an entering freshman, a student transferring from another institution of collegiate or community college rank, or a continuing or reentering student must meet and thereafter comply with all applicable financial aid regulations of the institution in which the student is matriculated and in whose intercollegiate athletic program the student is to participate, of the athletic conference(s) of which the institution is a member, and of any other organization which is regularly recognized by the respective institutions as having jurisdiction.
      
2. All athletically related grants-in-aid are awarded by action of the institutional scholarship committees. Such grants-in-aid may not be awarded for a period in excess of one academic year. No member of the coaching staff or any other person acting individually can promise or award a grant-in-aid, job or other aid of any kind. Under no circumstances will members of athletic teams receive any athletically related financial assistance that is not made a matter of record with the scholarship committee. Grants-in-aid will be made available from institutional funds by regular methods and procedures. Grants-in-aid may not be canceled or reduced in amount for or during the period of award, except for reasons prescribed by the Board of Regents or national or regional associations and conferences of jurisdiction, which reasons shall be generally made known to the student athlete as provided in ABOR Policy 4-305D (Athletic Financial Aid). Cancellation or reduction can be effected only in consequence of loss of eligibility under ABOR Policy 5-209D (Athletic Policies, Eligibility for Participation in Intercollegiate Athletics) or in consequence of fair hearing before and by the scholarship committee or through campus conduct board procedures, as the circumstances of the case may require.
      
3. Notification of financial aid awards must be made in writing to the student by the scholarship committee, and the terms should be clear as to the amount of the aid, the form it shall take, the duration, and the conditions under which the grant-in-aid may be graduated or terminated.
      
4. The total of all athletic grants-in-aid authorized for a single academic year shall be 315 each for the University of Arizona and Arizona State University, and 220 for Northern Arizona University.
      
   1. The total of athletic grants-in-aid for the sport of football shall be 105 each at the University of Arizona and Arizona State University, and 75 at Northern Arizona University.
         
   2. Athletic grants-in-aid may be divided into partial grants, provided that there may be no increase in the total cost of the authorized full grants-in-aid because of such division.
         
   3. The aggregate value of all athletic grants-in-aid, full and partial, is authorized subject to the condition that for a single academic year it may not exceed the resources available for that purpose for that year, the respective athletic departments to be responsible for guaranteeing compliance with this condition.
         
   4. The universities shall allocate athletic grants-in-aid between men and women consistent with policies of the appropriate conference and the individual university.
         
5. An athletic grant-in-aid may not exceed commonly accepted educational expenses, which are defined as required tuition and fees, room and board, and required course-related books.
      
6. If a student athlete is employed, on or off campus, the terms of the employment must be such that the pay is limited to actual hours worked and is reasonable according to the prevailing wage scale in the community for the type of work performed. No recipient of an athletically related grant-in-aid may receive compensation for employment if the combined amount provided by the grant-in-aid and the employment would exceed commonly accepted educational expense as defined in ABOR Policy 4-305E., (Athletic Financial Aid). It is the institution's responsibility to see that this provision is enforced.
      
7. If a student athlete qualifies for a scholarship on the basis of high scholarship attainment or accomplishments or talents other than athletic ability, the student is not prevented from receiving such a scholarship provided that the total financial aid shall not exceed commonly accepted educational expenses as defined in ABOR Policy 4-305F (Athletic Financial Aid).
      
8. The Board of Regents authorizes the universities to award the number of post-eligibility tuition waivers necessary to insure that all post-eligibility student athletes, as qualified by university definitions, may receive them, if they so desire.
      
9. Post-Eligibility Financial Aid

The universities shall provide financial aid to student athletes who have completed their eligibility, as determined by NCAA and athletic conference rules, to compete in intercollegiate athletics, but who have not completed a bachelor's degree. The aid shall be provided subject to the following terms and conditions.

1. Eligibility

1. The student must have no more than 36 units of required course work to complete a degree.
2. The student must have completed successfully 24 units of academic course work within the past year.
3. The student must have a grade point average of at least 2.0 on all course work completed at the university.
4. The student must be in good standing in the college that offers the degree sought by the student.
5. During the period of post-eligibility award the student must make satisfactory progress according to the rules of the institution in a specific baccalaureate degree program.

2. A university may establish policies that permit the award of post-eligibility financial aid to students who do not meet all of these criteria when, in the judgment of the university, the student has reasonable chance of completing a degree.
      
3. The total years of athletically related aid received by the student when the post-eligibility financial aid is taken into account must not exceed the number of years of aid permitted by NCAA legislation.
      
4. Amount of Aid

1. The financial aid for eligible students at the University of Arizona and Arizona State University shall be at least equivalent to the grant-in-aid received by the student during the final year of eligibility for intercollegiate competition.
2. The financial aid for eligible students at Northern Arizona University shall include at least a waiver of tuition as authorized by ABOR Policy 4-305H., (Athletic Financial Aid), and may include such other benefits as may, from time to time, reflect the policies and practices of the athletic conference in which Northern Arizona University has membership.

5. Source of Funds

The source of funds for the financial aid may be the athletic department; booster groups; other university local funds; or federal, state, or local student financial aid programs. If some of the aid is in the form of student employment, the student may not be required to work more than fifteen (15) hours per week.

6. Notification

The university shall notify all student athletes at least annually about the availability of post-eligibility grants-in-aid and about the criteria for eligibility.

4-306 Student Loans (PDF)

Overdue student loans may be placed for collection with nationwide collection agencies and/or law firms selected by the university.

4-307 Graduate Assistants and Associates (PDF)

Repealed

4-308 Tuition Waivers for Children and Spouses of Arizona Peace Officers, Arizona Fire Fighters or Arizona Emergency Paramedics and Arizona Military Service Personnel, Arizona Correctional Officers, and Arizona National Guard members killed in the line of duty; and disabled Arizona National Guard members. (PDF)

1. Scholarships for Children and Spouses of Arizona Peace Officers, Arizona Fire Fighters, Arizona Emergency Paramedics, or Arizona Correctional Officers (as defined in A.R.S. §15-1808(D)(4)) killed in the line of duty.

In accordance with the provisions of A.R.S. §15-1808, the Arizona Board of Regents authorizes each university to award tuition scholarships for sessions occurring within a calendar year to students who meet the following eligibility criteria:

1. The student's eligibility to participate in this program has been verified by the Arizona Peace Officers Memorial Board, the Arizona Fire Fighters and Emergency Paramedics Memorial Board, or the appropriate correctional official in the relevant State agency, County, City or Town;
     
2. The student meets the university's regular admission requirements;
     
3. The child of an Arizona Peace Officer, Arizona Fire Fighter, Arizona Emergency Paramedic, or Arizona Correctional Officer killed in the line of duty must be thirty (30) years of age or younger on the first day of any semester to which the scholarship would apply;
     
4. The spouse of an Arizona Peace Officer, Arizona Fire Fighter, Arizona Emergency Paramedic, or Arizona Correctional Officer killed in the line of duty has not remarried;
     
5. The student has completed no more than 144 credit hours, including any transfer credits from an Arizona community college or university, toward a baccalaureate degree;
     
6. The student maintains a record of satisfactory academic progress in accordance with each university's standards.

2. Scholarships for the children and spouses of Arizona Military Service Personnel killed in the line of duty in response to a Presidential Executive Order, and for severely disabled combat survivors.

In accordance with Executive Order 2003-10, the Arizona Board of Regents authorizes each university to award tuition scholarships for sessions occurring within a calendar year to students who meet the following eligibility criteria:

1. The student’s eligibility to participate in this program has been verified by the U.S. Department of Defense or either the Federal or State Department of Veteran Affairs;
     
2. The student meets the university’s regular admission requirements;
     
3. The child of an Arizona military serviceman or women killed in the line of duty must be thirty (30) years of age or younger on the first day of any semester to which the scholarship would apply;
     
4. The spouse of an Arizona military serviceman or woman killed in the line of duty has not remarried;
     
5. The student has completed no more than 144 credit hours, including any transfer credits from an Arizona Community College or University, toward a Baccalaureate Degree.
     
6. The student maintains a record of satisfactory academic progress in accordance with each university’s standards.

3. Scholarships for the children and spouses of Arizona National Guard members killed in the line of duty; Arizona National Guard members who received a purple heart on or after September 11, 2001, and former members of the Arizona National Guard who were medically discharged from the Arizona National Guard due to an injury or disability suffered during status under Title 10, United States Code, in weekend training status, in annual training status or in response to a State of Emergency declared by the Governor.

1. The student’s eligibility to participate in this program has been verified by the Adjutant General of the National Guard;
     
2. The student meets the university’s regular admission requirements;
     
3. The child of an Arizona National Guard member killed in the line of duty must be thirty (30) years of age or younger on the first day of any semester to which the scholarship would apply;
     
4. The spouse of an Arizona National Guard member killed in the line of duty has not remarried;
     
5. The student has completed no more than 144 credit hours, including any transfer credits from an Arizona Community College of University, toward a Baccalaureate degree; and
     
6. The student maintains a record of satisfactory academic progress in accordance with each university’s standards.

4-309 Tuition Collections Retained for Need-Based Student Financial Aid (PDF)

1. Each year the financial aid set aside amount for each university shall be determined as follows:

For Arizona State University: the estimated sum of resident full pay equivalents and non-resident full pay equivalents multiplied by resident tuition for the academic year; shall be multiplied by fourteen percent (14%), at the time the Board sets the expenditure authority for the ensuing fiscal year. Estimates are to be recalculated in the fall to reflect actual 21st day fall semester enrollments and may be adjusted at this time. However, estimates that vary by more than three percent (3%) of the original estimate must be adjusted.

For the University of Arizona: the estimated sum of resident full pay equivalents and non-resident full pay equivalents multiplied by resident tuition for the academic year; shall be multiplied by fourteen percent (14%), at the time the Board sets the expenditure authority for the ensuing fiscal year. Estimates are to be recalculated in the fall to reflect actual 21st day fall semester enrollments and may be adjusted at this time. However, estimates that vary by more than three percent (3%) of the original estimate must be adjusted.

For Northern Arizona University: the estimated sum of resident full pay equivalents and non-resident full pay equivalents multiplied by resident tuition for the academic year; shall be multiplied by fourteen percent (14%), at the time the Board sets the expenditure authority for the ensuing fiscal year. Estimates are to be recalculated in the fall to reflect actual 21st day fall semester enrollments and may be adjusted at this time. However, estimates that vary by more than three percent (3%) of the original estimate must be adjusted.

Notwithstanding the amounts calculated above for each university, the amounts authorized shall not be less than the total set aside for that university in 1994-95. The Board may consider additional set aside amounts at its discretion.

A resident full pay equivalent is generated by collection of an amount equal to resident tuition and a non-resident full pay equivalent is generated by collection of an amount equal to non-resident tuition.

2. The university shall award the funds consistent with the following provisions:
      
   1. All awards shall be in the form of need-based grants, which may be provided in part as tuition credits or waivers.
         
   2. Priority for awards shall be given to undergraduate Arizona residents, to students from underrepresented populations, and to students with unique financial circumstances.

Students with unique financial circumstances include, but are not limited to, students who do not qualify for federal student aid programs but who have verifiable financial need as determined by a professional university student aid officer and students who may qualify for some federal assistance but who have unusual financial needs that cannot be met adequately by federal or other student aid programs.

3. Need shall be determined by the federally approved need assessment system or by the professional judgment of a student aid officer on a case-by-case basis with appropriate documentation on file and available for review by an internal auditor from the Board's central office.

4. Each university may use the funds in a manner to best meet the specific needs of the applicants for financial aid on that campus.

5. Awards made from these funds shall not be used to replace federal grants to which the student is entitled.

6. The universities may continue to use the funds to provide the required institutional match for the Federal Perkins Student Loan Program under Title IV of the Higher Education Action, as amended.

3. Each university shall submit to the Board on dates set by the Executive Director a plan for the use of the funds during the next academic year and a report on the use of the funds during the preceding year. The content and format for the plan and the report shall be determined by the Executive Director after consultation with the university presidents. The report will include appropriate data to support an analysis of the extent to which each university’s financial aid set-aside has been allocated to maintain or improve affordability for resident undergraduates.

4-310 Arizona Teacher Loan Forgiveness Incentive Program (PDF)

Repealed

4-311 Arizona Student Financial Aid Trust Fund (PDF)

1. General
     
   1. In accordance with the provisions of A.R.S. §15-1642, the Arizona Board of Regents has established the Arizona Student Financial Aid Trust Fund composed of student enrollment surcharge fees and State appropriated funds. This trust fund shall be used to provide immediate aid to students with verifiable financial need, including students who are underrepresented in the population of the university, or to students who, by virtue of their special circumstances, present unique need for financial aid, and to create an endowment for future financial aid. The surcharge fee shall apply to all university regular, summer school, and off-campus courses offered for credit, irrespective of whether the course is taken for credit or non credit (audit) purposes.
        
   2. The first program year began with the Fall 1989 semester and fees have since been collected for all enrollments from the Fall 1989 through Spring 1993 semesters. Thereafter, the program year should coincide with each institution's fiscal year.
        
   3. The state operating budget request for the student financial aid trust fund will be based upon the most recent actual student surcharge collections available at the time of state budget submissions to include a fall, spring and summer session.
        
   4.  Each dollar raised pursuant to the surcharge shall be matched by two dollars as appropriated by the legislature. The total amount of monies received in the trust fund for a given year shall be the sum of surcharge fees collected plus matching funds appropriated for this purpose and any interest which may accrue on those funds.
        
   5. For any year the legislature does not appropriate funds for this program, the Board shall waive the surcharge fee for that program year.
        
2.  Student Surcharge Fee Collections
     
   1. The surcharge fee shall not exceed one percent of the resident undergraduate tuition for students who enroll for seven or more semester hours, rounded to the nearest dollar. The surcharge fee for students who enroll for six or fewer semester hours will be half of that charged to students who enroll for seven or more credit hours, rounded to the nearest dollar. The Board shall set this fee each year at the time tuition and fees are set.
        
   2.  For summer sessions, the total amount of the fee for each individual student shall not exceed the amount of the fee for a full-time student.
        
   3.  The fee amount shall be collected at the time of payment for registration and the amount shall be shown as a separate line item on student billings when they are generated.
        
   4. The fee is refundable prior to the first day of classes. Starting with the first day of classes, no refunds will be made unless a special determination is made by the university to refund 100% of tuition and fees in special circumstances.
        
   5. The maximum fee for a student in any one semester is the amount of the surcharge fee for a full-time student. If a student, by virtue of registering for classes at multiple sites, pays more than this amount, he/she shall be eligible for a refund equal to the amount paid in excess of the full-time surcharge fee.
        
   6.  A refund of the fee shall be made to a student who, by virtue of a class cancellation, has paid a fee in excess of that which should be owed.
        
3.  Distribution of Trust Fund Monies
     
   1. Twenty-five percent (25%) of the annual trust fund monies shall be placed in the permanent endowment and the remaining monies shall be used for immediate aid for students with verifiable financial need.
        
   2.  Immediate aid funds shall be distributed to the universities on a pro rata basis based on the amount of student fees collected in the previous year.
        
   3. Trust fund monies must be used to supplement, not supplant funds from other state or institutional financial aid sources.
        
4.  Awards to Students
     
   1. Each university shall use its allocation of trust fund monies in a manner to best meet the specific needs of the student aid applicants on that campus.
        
   2.  All awards must be directed to students who have verifiable financial need or have been approved for an award by a university financial aid officer because of unique financial circumstances.
        
   3. Student financial aid trust monies shall only be used in accordance with plans approved by the Board.
        
   4. Priority for awards shall be given to undergraduate Arizona residents, to students from underrepresented populations, and to students with unique financial circumstances.

Students with unique financial circumstances include, but are not limited to, students who do not qualify for federal financial student aid programs but who have verifiable financial need as determined by a professional university student financial aid officer, and students who may qualify for some federal assistance, but who have unusual financial needs that cannot be met adequately by federal or other student aid programs.

5. No state appropriated funds may be used to fund awards to out-of-state students. Any award made to an out-of-state student will be paid from student fee dollars or monies derived from interest earnings available for immediate aid for that year.

5. Trust Fund Administration
     
   1. Each year, 75% of the interest earned on the endowment account shall be made available to the universities on a share basis for immediate aid and 25% shall become part of the permanent endowment fund.
        
   2. Investment and oversight of the Fund accounts shall be provided under direction of the student financial aid trust fund investment oversight committee to include one representative from each university appointed by each President and one from the Central Office appointed by the Executive Director. This committee shall also explore long-range options for investment of the permanent endowment fund in such a manner as to obtain the most favorable rate of return and income stability commensurate with safety of principal. The committee shall also annually estimate the amount of interest earnings available for award as immediate aid.
        
6. Reporting
     
   1. Each year, at the same time they submit their annual tuition and fee waiver plans, the universities will forward to the Board for approval, their plan to expend their allocation of immediate aid funds for the coming program year.
        
   2.  The plan will prospectively describe target groups to receive the aid and the types of aid to be awarded. At the same time, each university will report retrospectively on its use of these funds in the current and previous year.
        
   3. The Board will receive an annual status report on the accounts of the student financial aid trust fund prepared by the investment oversight committee.
        
   4. Every three years, beginning on July 1, 1992, a report will be forwarded from the Board to the Governor and the Legislature on the status of this program.

4-312 Non-resident Waivers for Students from Sonora, Mexico (PDF)

The universities are authorized to award a maximum of fifty non-resident waivers to students from Sonora, Mexico participating in the educational program authorized by A.R.S. §15-1626.

4-313 Arizona Student Incentive Grant Program (PDF)

Repealed

4-314 Paul Douglas Teacher Scholarship Program (PDF)

Repealed

4-315 Loan Forgiveness Program for Teachers of the Deaf or Blind (PDF)

1. Authorization

Laws 1990, Ch. 340 §3 provides that the Board of Regents shall require the University of Arizona to establish a loan forgiveness program to encourage graduate students to prepare for positions as teachers of children who are deaf or blind and seek employment in a state school or in local school districts in the state.

2. Type of Program

This program will provide loan funds to eligible graduate students at the University of Arizona in the Division of Special Education and Rehabilitation through the following conditions:

1. Eligible recipients will be awarded loans up to $5,000 per year upon written agreement to teach one year for each award in a state school or school district in this state with children who are deaf or blind. After graduation or completion of an approved course of study the recipient must provide verifiable evidence to the University of Arizona Student Loan Collection Office of employment as a full-time teacher in a local school district or a state school for the purpose of teaching children who are deaf or blind. Recipients who satisfy their teaching obligation as specified in the promissory note shall have their loan forgiven. Recipients who do not satisfy their obligation will repay the unsatisfied portion of their loan with interest.

2. Eligibility Criteria

To be eligible to apply for an award the student must be admitted to or enrolled full-time (minimum nine (9) units per semester of the academic year) as a classified graduate student in the College of Education, Division of Special Education and Rehabilitation at the University of Arizona.

3. Selection of Recipients

Each year the Director, Division of Special Education and Rehabilitation, College of Education, the University of Arizona, shall appoint a Selection Committee comprised of, but no limited to, the coordinators of teacher preparation programs in deafness and blindness and the Assistant Dean for Academic Services in the College to prepare and evaluate applications and select students to receive the awards. The committee members shall develop applications; adopt such selection criteria as academic excellence, character references, membership in an underrepresented population group, and other factors that may be relevant to the needs of the state and the school districts. The University of Arizona is authorized to make the awards with priority for Fall-Spring enrollees. Summer session awards will be made on a fund-available basis (with a requirement to enroll for six (6) units in at least one summer session).

4. Maximum Awards

The maximum loan award for one calendar year shall be $5,000 (beginning with the Fall semester). An individual recipient may receive a lifetime maximum totaling no more than $10,000. Each award of $5,000 or a portion thereof will carry a teaching obligation of one year not to exceed a two-year obligation in an eligible school.

3. Conditions of Repayment
      
   1. Prior to receipt of any loan award, a recipient shall be required to enter into a written contract with the University of Arizona. The contract shall set forth the methods and terms of repayment of the funds in the event that the recipient does not satisfy the agreed upon teaching obligation. The contract (promissory note) shall provide that:
         
      1. Recipients will have a grace period of twelve (12) months after graduation, or completion of an approved course of study leading to a teaching credential, to sign a teaching contract in a state school or local school district in Arizona.
      2. If the recipient has not been able to secure employment in a state school or local school district, the repayment shall begin at the end of the twelve (12) month grace period.
      3. If the recipient does not maintain full-time student status, fails to maintain satisfactory progress as judged by the Selection Committee, or leaves the College of Education, repayment shall begin no later than six (6) months after the change is made.
            
   2. The University shall provide to each person in repayment an amortization schedule. The interest rate shall be 8% per annum and the repayment duration shall be no more than ten (10) years. The interest rate in effect when recipient signs the contract will remain constant during the repayment period.
         
4. Deferment of the Teaching Obligation

The University Loan Collection Office, upon written request of a recipient, may grant deferment of time for satisfying the teaching commitment if the recipient:

1. Is temporarily totally disabled for a period not to exceed three (3) years, as established by a sworn affidavit from a qualified physician, or

2. Is unable to secure employment for a period not to exceed twelve (12) months by reason of the care required by a spouse who is disabled, or

3. Has special or unusual circumstances, which prevent him or her from complying with the terms of the contract with the University of Arizona.

In each case, the recipient must provide complete and verifiable documentation to support the request.

5. Loan Cancellation

The University of Arizona, upon the recommendation of the University of Arizona Loan Repayment Office, may cancel a loan made under this program if it determines that:

1. The borrower is totally and permanently disabled. The University of Arizona Loan Repayment Office shall require a sworn and verified affidavit from a qualified physician, which supports the request.

2. The borrower has died. The University of Arizona Loan Repayment Office shall require a certified copy of the death certificate.

4-316 Resident Tuition Waivers for Members of the Community College All-Arizona Academic Team (PDF)

The universities are authorized to award resident waivers to community college students selected as members of the All-Arizona Academic Team. Waivers are to be awarded to eligible students at the time of the annual All-Arizona Academic Team ceremony. The following conditions apply:

1. No more than two students per community college campus shall receive resident waivers. 
      
2. Waivers are to be available upon transfer to any Arizona university and will cover 60 semester hours, for a maximum of ten semesters excluding summer sessions.
      
3. To renew a waiver each semester within the 60 semester hours, for a maximum of ten semesters, a student must be in continuous attendance, enrolled in a minimum of 6 credits per semester, and maintain a 3.25 or higher grade point average.
      
4. A student who meets the renewal criteria outlined in ABOR Policy 4-316C., (Resident Tuition Waivers for Members of the Community College All-Arizona Academic Team) above may transport a waiver from one university to another university, but no student may receive the waiver for more than a total of 60 semester hours for a maximum of ten semesters.
      
5. A student's eligibility to receive a waiver shall be verified by the Arizona Community College Presidents' Council in the form of a list provided to the Arizona Board of Regents. The list shall provide student names, mailing addresses and phone numbers, community college attended, and other information as shall be required by the universities.
      
6. Waivers must be claimed by the student enrolling at one of the universities within one year of the waiver offer.  Special consideration of unique situations may be exercised by each university.  In particular, students should be encouraged to complete their Arizona General Education Curriculum (AGEC), or their Arizona Associate Degree, prior to transfer to the university.

4-317 Resident Tuition Scholarships for Recipients of a Regents High Honors Endorsement (PDF)

The universities are authorized to award full resident tuition scholarships to Arizona High School graduates who meet the Board-approved qualifications for an endorsement of high honors. Awarding of these scholarships is subject to the following conditions:

1. The Arizona Board of Regents Honors Endorsement program is established by the Board for the purpose of recognizing high school students for outstanding academic achievement, as demonstrated through performance in high school courses and test scores.
      
2. The Board is responsible for implementing the program, for approving program criteria and for determining how the program shall be administered.
      
3. The Superintendent of Public Instruction is authorized to administer the program for the Board of Regents and to recommend to the universities students who qualify for the high honors endorsement. The recommendation shall be in the form of a list provided to the Arizona Board of Regents and including student names, mailing addresses and phone numbers, high school attended, and other information as shall be required by the universities.
      
4. The universities may choose not to award a scholarship to any student who receives other scholarship assistance intended to cover the cost of tuition.
      
5. The universities may choose not to award a scholarship to any student who does not apply for financial aid, or whose application is incomplete, incorrect, not submitted in a timely fashion, or for any other reason fails to meet university guidelines for applying for financial aid.
      
6. The Board-approved criteria for high honors endorsement shall be designed to minimize the likelihood that qualifying students will not also qualify for tuition scholarships for academic merit as determined by the universities.
      
7. Any change, or anticipated change, in conditions affecting the number of students who might qualify for a high honors endorsement, conditions affecting the number of resident students who might be awarded tuition scholarships for academic merit using university-determined criteria, and any instance where a student qualified for high honors but not for a university-determined tuition scholarship shall be reported to the Board along with a recommendation for appropriate modifications in the criteria for awarding high honors.
      
8. A systematic review of the Regents Honors Endorsement Program will be conducted every five years, with the results and any recommendations reported to the board.
      
9. Tuition scholarships must be claimed by the student enrolling at one of the universities within one year of graduation from an Arizona high school. Special consideration of unique situations may be exercised by each university.

4-318 Mathematics, Science and Special Education Teacher Student Loan Program (PDF)

1. Authorization

Beginning with the Spring semester of the 2007-2008 school year, Arizona law authorizes the board to grant loans from the Mathematics, Science and Special Education Teacher Student Loan Fund established by A.R.S. § 15-1784 to defray in-state tuition, instructional materials and mandatory fees of the education of students who are pursuing a teaching degree at a university under the jurisdiction of the board and who are deemed qualified by the board to receive these loans. Loans are to be granted on terms and conditions established by the board and distributed to qualified applicants on a first come, first served basis.

2. Administration
     
   1.  The board shall grant loans to qualified applicants who are classified as in-state students for tuition purposes and who agree to provide instruction in the areas of mathematics, science or special education in a public school in this state.
        
   2.  The loans granted by the board shall be sufficient to cover the cost of resident tuition and mandatory fees for each loan recipient and may also defray the cost of instructional materials. If the applicant qualifies for federal financial aid and received federal grant aid, the loan amount shall be limited to the amount of tuition and mandatory fees not covered by the federal grant aid and may include a stipend for instructional materials.
        
   3. The executive director will develop guidelines, in conformance with A.R.S. §§ 15-1781 through 15-1785 for:
        
      1. Screening qualified applicants based on ability, character and financial need;
           
      2. Terms and conditions for the loans, to be reflected in individual student contracts;
           
      3. Repayment requirements and procedures; and
           
      4. Collection of loans that are in default.
           
   4. The board may delegate authority to administer these loans to an institution under the jurisdiction of the board, subject to the requirements of A.R.S.§ 15-1782 and § 15-1783.
      

webrev. 6/2008