Residency Policy

Residency status is determined when a student first registers at the College and when reentering after an absence. Students whose in-state status (see items 3. and 4. below) changes will be charged out-of-state tuition when they re-register at the College.
A student may have his/her residency status changed for a future semester's registration period if the student provides documentation that he/she has met the requirements in items 3. and 4. below.
Students 18 years old or older are considered to be Delaware residents if one of the following conditions are met immediately prior to registration:
- Delaware has been their domicile and continuous residence for at least six (6) months.
- They have been employed (full-time) at least 30 hours per week in Delaware for at least six (6) consecutive months, or
- They were dependents of their parents or guardians, who met the Delaware residency requirements above. The student must have been a dependent, as defined by the Internal Revenue Service, in the tax year immediately preceding the current College fiscal year. A copy of IRS Form 1040 or Form 1040A, or a state income tax return showing the student is a dependent, is the only acceptable documentation.
Students who are minors (under 18 years old) are considered to be Delaware residents if their parent or guardian meet one of the following conditions immediately prior to registration:
- Delaware has been their domicile and continuous residence for at least six (6) months, or
- They have been employed full-time in Delaware for at least six (6) consecutive month
Conditions for foreign students:
- Students who are permanent or temporary resident aliens are considered to be Delaware residents if they meet the residency requirements in items 3. and 4. above. The six-month period of domicile and continuous residence commences when the student has received an INS Form I-797 indicating receipt of an application for such immigration status.
- A student who has sought the protection of the United States by applying for refugee, asylee, parolee or temporary protected status may be entitled to in-state status if such student otherwise qualifies for in-state tuition based on six months domicile and continuous residence in Delaware from the date of the applicable INS Form I-797 or at least six (6) consecutive month's full-time employment in Delaware immediately prior to registration.
- A student who is present in the United States and has an immigration status that does not require such student to maintain a foreign domicile as a condition of immigration status may acquire in-state status if such student otherwise meets the six (6) month domicile and continuous residence and/ or six (6) consecutive month full-time employment in Delaware requirement immediately prior to registration.
- A student with an F, J or M visa or who otherwise must not abandon or has no intention of abandoning his or her residence in a foreign country will not be afforded in-state status.
Documentation establishing residency or Delaware employment shall be required for all new or reactivated students.
1. Documentation of residency shall require one of the following:
  - Delaware driver's license or Delaware identification card dated at least six months prior registration.
  - A copy of a Delaware Resident Income Tax Form in the name of the student or the student's parent, legal guardian or spouse with whom the student resides listing a date of residency at least six (6) months prior to registration.
  - Copies of utility bills in the name of the student or the student's parent, legal guardian or spouse with whom the student resides for six (6) consecutive months prior to registration.
  - A copy of a fully executed lease, HUD-1 settlement statement or deed in the name of the student or the student's parent, legal guardian or spouse with whom the student resides dated at least six (6) months prior to registration.
  - Copies of bank statements in the name of the student or the student's parent, legal guardian or spouse with whom the student resides for six (6) consecutive months prior to registration and bearing a Delaware address (other than a post office box.)
  - Copies of official documents confirming the receipt of any type of social service assistance from the State of Delaware or any political subdivision thereof (i.e. WIC benefits, food stamps, Medicaid, etc.) in the name of the student or the student's parent, legal guardian or spouse with whom the student resides for six (6) consecutive months prior to registration.
2. Documentation of Delaware employment shall require all of the following:
  - Pay stubs or other official written confirmation from an employer demonstrating that the student or the student's parent, legal guardian or spouse with whom student resides has worked an average of at least 30 hours per week during the six (6) consecutive months prior to registration. A letter from the employer on the employer's letterhead shall be sufficient.
  - IRS Form W-2 showing payment of Delaware income taxes or a copy of any state income tax return for the immediately preceding tax year showing the payment of income taxes to the State of Delaware.
Residency status shall be determined by the Registrar's Office at the student's home campus. Chief Legal Counsel may approve the payment of in-state tuition based upon documentation that is not listed in paragraph 6. when he or she determines that such documentation is authentic and represents proof of Delaware residency or employment.
This policy is primarily for tuition payment purposes and is not applicable for determination of student financial aid eligibility.
Implementation details for this policy may be specified in the College's Manual of Procedural Guidelines.
Active duty military personnel and their dependents stationed in the State of Delaware are exempt from the six (6) month residency requirement and are considered in-state residents for tuition purposes.
In addition, military, civilian and contractor personnel and their dependents that are reassigned to Aberdeen Proving Ground, Maryland from Ft. Monmouth, New Jersey on or before September 15, 2011, and chose to reside in Delaware shall be exempt from the six (6) month residency requirement and shall be considered in-state residents for purposes of tuition.
Veterans or related individuals are exempt from the six (6) month residency requirement above and are considered in-state residents for tuition purposes so long as the student:
- Has a residence in Delaware (regardless of duration); and
- Is utilizing educational assistance under Chapter 31, Vocational Rehabilitation, and Employment; or
- Receives Montgomery and post 9/11 GI Bill educational assistance; and
  - Enrolls within 3 years of student's discharge after student serving 90 days or more on active duty; or
  - Enrolls, using transferred entitlement, within 3 years of the transferor's discharge after transferor serving 90 days or more on active duty;
  - Remains continuously enrolled after initially meeting the requirements of this subparagraph and is using assistance provided under Chapter 30 or 33 of Title 38 of the United States Code.
  - Enrolls as a Surviving Spouse or Child under the Fry Scholarship (38 U.S.C. §3311(b)(9)).
  - Enrolls using transferred entitlement and the transferor is a member of the uniformed service who is serving on active duty.
- The policy shall be read to be amended as necessary to be compliant with the requirements of 38 U.S.C. 3679(c) as amended.
Contracts written with businesses or other groups sending their employees or members to the College may include a provision for the contracting party to be charged in-state tuition.