ITEM NO. 122-110-R0104          


TO:                   Board of Regents


FROM:              LeRoy H. Schramm

                        Chief Legal Counsel


RE:                   Residency Policy Amendment


DATE:               January 15-16, 2004

The attached amendment has been drafted at the request of Regent Morrison-Hamilton and it grows out of a discussion the Board had at the November meeting.  Current Board policy allows a Montana high school graduate to leave the state for up to 15 months and still retain his/her residency for tuition purposes when the student enrolls upon his/her return to the state.  This amendment extends that grace period to 39 months.  The amendment also extends the period of time after initial registration that a student can take advantage of this exception.  This amendment does not affect individuals who leave the state either to go to school or fulfill military obligations.  The policy already says that such absences will not cause a person to lose their residency status.