In-state tuition; provide that 12 months of residency in MS shall constitute eligibility for.

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To: Universities and
Colleges; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 353

AN ACT TO AMEND SECTION 37-103-7, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THE RESIDENCY REQUIREMENT FOR IN-STATE TUITION RATES 2
FOR THE PURPOSE OF ATTENDING A STATE-SUPPORTED INSTITUTION OF 3
HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE SHALL BE A MINIMUM 4
PERIOD OF TWELVE MONTHS; TO AMEND SECTION 37-103-25, MISSISSIPPI 5
CODE OF 1972, TO PROVIDE THAT ANY STUDENT WHO HAS RESIDED IN THE 6
STATE OF MISSISSIPPI FOR A CONTINUOUS PERIOD OF TWELVE MONTHS, OR 7
WHO HAS RECEIVED A HIGH SCHOOL DIPLOMA FROM A PUBLIC OR PRIVATE 8
SECONDARY SCHOOL IN THE STATE UPON EVIDENCING THAT HE OR SHE 9
COMPLETED THE FINAL SCHOLASTIC YEAR ENROLLED THEREIN IN THE YEAR 10
IMMEDIATELY PRECEDING HIS OR HER ENROLLMENT IN A STATE INSTITUTION 11
OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE SHALL BE 12
CONSIDERED A RESIDENT FOR PURPOSES OF IN-STATE TUITION; AND FOR 13
RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 37-103-7, Mississippi Code of 1972, is 16
amended as follows: 17
37-103-7. (1) (a) For purposes of determining whether a 18
person pays out-of-state or in-state tuition for attendance at 19
universities and community and junior colleges, the residence of a 20
person less than twenty-one (21) years of age is: 21
(i) That of the father, the mother or a general 22
guardian duly appointed by a proper court in Mississippi * * *, 23
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provided that such parent or guardian has resided in the State of 24
Mississippi for a minimum period of twelve (12) months; 25
(ii) If a court has granted custody of the minor 26
to one (1) parent, the residence of the minor is that of the 27
parent who was granted custody by the court * * *, provided that 28
the custodial parent has resided in the State of Mississippi for a 29
minimum period of twelve (12) months; or 30
(iii) If both parents are dead, the residence of 31
the minor is that of the last surviving parent at the time of that 32
parent's death, provided that the last surviving parent resided in 33
the State of Mississippi for a minimum period of twelve (12) 34
months before his or her death, unless the minor lives with a 35
general guardian duly appointed by a proper court of Mississippi, 36
in which case his residence becomes that of the guardian, provided 37
that such guardian has resided in the State of Mississippi for a 38
minimum period of twelve (12) months. 39
(b) For purposes of determining whether a person who 40
has reached twenty-one (21) years of age pays out-of-state or 41
in-state tuition for attendance at universities and community and 42
junior colleges, such person must establish and present evidence 43
of proof of residency in the State of Mississippi for a minimum 44
period of twelve (12) months before registering for enrollment at 45
any of the several state-supported institutions of higher learning 46
or community and junior colleges. 47
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(2) A student residing within the State of Mississippi who, 48
upon registration at a Mississippi institution of higher learning 49
or community college, presents a transcript demonstrating 50
graduation from a Mississippi secondary school and who has been a 51
secondary school student in Mississippi for not less than the 52
final * * * year of secondary school attendance shall not be 53
required to pay out-of-state tuition. This section shall not 54
apply to the residence of a person as it relates to residency for 55
voter registration or voting. 56
SECTION 2. Section 37-103-25, Mississippi Code of 1972, is 57
amended as follows: 58
37-103-25. (1) The Board of Trustees of State Institutions 59
of Higher Learning and the boards of trustees of the 60
community * * * and junior colleges are authorized to prescribe 61
the amount of tuition and fees to be paid by students attending 62
the several state-supported institutions of higher learning and 63
community * * * and junior colleges of the State of Mississippi. 64
(2) Except as otherwise provided in this subsection and 65
subsections (3), * * * (4) and (5) of this section, the total 66
tuition to be paid by residents of other states shall not be less 67
than the average cost per student from appropriated funds. 68
However, the tuition to be paid by a resident of another state 69
shall be equal to the tuition amount established under subsection 70
(1) of this section if: 71
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(a) The nonresident is a "covered individual" under 72
Section 702 of the Veterans Access, Choice and Accountability Act 73
of 2014. A nonresident veteran, as defined by Title 38 of the 74
United States Code or a person entitled to education benefits 75
under Title 38 of the United States Code who is not a covered 76
individual under Section 702 of the Veterans Access, Choice and 77
Accountability Act of 2014, but qualifies for Yellow Ribbon 78
Program funds shall be charged nonresident tuition provided the 79
state institution of higher learning and community or junior 80
college participates in the Yellow Ribbon Program and provides a 81
scholarship (including Yellow Ribbon Program funds) that results 82
in the nonresident veteran or person entitled to education 83
benefits under Title 38 paying tuition equal to the amount 84
established under subsection (1) of this section. All other 85
nonresident veterans, as defined by Title 38 of the United States 86
Code and other persons entitled to education benefits under Title 87
38, except those enrolled in a professional school or college, 88
shall be charged tuition equal to the amount established under 89
subsection (1) of this section. This paragraph (a) shall be 90
administered and interpreted in the manner necessary to obtain or 91
retain approval of courses of education by the Secretary of the 92
United States Department of Veterans Affairs and in a manner 93
necessary to allow a nonresident veteran or a person entitled to 94
education benefits under Title 38 of the United States Code and 95
state institutions of higher learning and community and junior 96
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colleges to fully participate and receive Yellow Ribbon Program 97
funds; 98
(b) The nonresident student is an evacuee of an area 99
affected by Hurricane Katrina or Hurricane Rita. This waiver 100
shall be applicable to the 2005-2006 school year only; and 101
(c) The nonresident student's out-of-state tuition was 102
waived according to subsection (3) or (4) of this section. 103
(3) The Board of Trustees of State Institutions of Higher 104
Learning may, in its discretion, consider and grant requests to 105
approve institution specific policies permitting the waiver of 106
out-of-state tuition when such an official request is made by the 107
president or chancellor of the institution and when such request 108
is determined by the board to be fiscally responsible and in 109
accordance with the educational mission of the requesting 110
institution. 111
(4) The board of trustees of any community college or junior 112
college may develop and implement a policy for waiving 113
out-of-state tuition for the college if the policy is determined 114
by the board to be in accordance with the educational mission of 115
the college and if a local industry or business or a state agency 116
agrees to reimburse the college for the entire amount of the 117
out-of-state tuition that will be waived under the policy. State 118
funds shall be allocated and spent only on students who reside 119
within the State of Mississippi. However, associate degree 120
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ST: In-state tuition; provide that 12 months of
residency in MS shall constitute eligibility
for.
nursing students who reside outside the State of Mississippi may 121
be counted for pay purposes. 122
(5) Any student who has resided in the State of Mississippi 123
for a continuous period of twelve (12) months, or who has received 124
a high school diploma from a public or private secondary school in 125
the state upon evidencing that he or she completed the final 126
scholastic year enrolled therein in the year immediately preceding 127
his or her enrollment in a state institution of higher learning or 128
a community and junior college, and who presents such evidence in 129
the form of a transcript demonstrating graduation at the time of 130
postsecondary registration, shall be considered a resident of this 131
state for the purpose of determining the rate of tuition to be 132
paid for attending the several state-supported institutions of 133
higher learning or community and junior colleges. 134
SECTION 3. This act shall take effect and be in force from 135
and after July 1, 2026. 136