Kansas Statutes Annotated

K.S.A. § 76-729 (2026)

Residence of students for fee purposes; basic rule, certain exceptions authorized; definitions

✓ current as of May 2026

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76-729. Residence of students for fee purposes; basic rule, certain exceptions authorized; definitions. (a) (1) Persons enrolling at the state educational institutions under the control and supervision of the state board of regents who, if such persons are adults, have been domiciliary residents of the state of Kansas or, if such persons are minors, whose parents have been domiciliary residents of the state of Kansas for at least 12 months prior to enrollment for any term or session at a state educational institution are residents for fee purposes. A person who has been a resident of the state of Kansas for fee purposes and who leaves the state of Kansas to become a resident of another state or country shall retain status as a resident of the state of Kansas for fee purposes if the person returns to domiciliary residency in the state of Kansas within 60 months of departure. All other persons are nonresidents of the state of Kansas for fee purposes.

(2) The provisions of this subsection shall not apply to a person who is deemed a resident for fee purposes pursuant to K.S.A. 76-731a, and amendments thereto.

(b) The state board of regents may authorize the following persons, or any class or classes thereof, and their spouses and dependents to pay an amount equal to resident fees:

(1) Persons who are employees of a state educational institution;

(2) persons having special domestic relations circumstances;

(3) persons who have lost their resident status within six months of enrollment;

(4) persons who are not domiciliary residents of the state, who have graduated from a high school accredited by the state board of education within six months of enrollment, who were domiciliary residents of the state at the time of graduation from high school or within 12 months prior to graduation from high school, and who are entitled to admission at a state educational institution pursuant to K.S.A. 76-717b, and amendments thereto;

(5) persons who are domiciliary residents of the state, whose domiciliary residence was established in the state for the purpose of accepting, upon recruitment by an employer, or retaining, upon transfer required by an employer, a position of full-time employment at a place of employment in Kansas, but the domiciliary residence of whom was not timely enough established to meet the residence duration requirement of subsection (a), and who are not otherwise eligible for authorization to pay an amount equal to resident fees under this subsection.

(c) Pursuant to K.S.A. 48-3601, and amendments thereto, a veteran, an active duty member of the armed forces and the spouse and dependent child of such veteran or active duty member of the armed forces shall be deemed residents of the state for fee purposes.

(d) As used in this section:

(1) "Parents" means and includes natural parents, adoptive parents, stepparents, guardians and custodians.

(2) "Guardian" means the same as defined in K.S.A. 59-30,102, and amendments thereto.

(3) "Custodian" means a person, agency or association granted legal custody of a minor under the revised Kansas code for care of children.

(4) "Domiciliary resident" means a person who has present and fixed residence in Kansas where the person intends to remain for an indefinite period and to which the person intends to return following absence.

(5) "Full-time employment" means employment requiring at least 1,500 hours of work per year.

(6) "Dependent" means: (A) A birth child, adopted child or stepchild; or

(B) any child other than the foregoing who is actually dependent in whole or in part on the person in military service and who is related to such individual by marriage or consanguinity.

(7) "Academic year" means the 12-month period ending June 30.

History: L. 1971, ch. 290, § 1; L. 1975, ch. 469, § 1; L. 1977, ch. 237, § 44; L. 1987, ch. 264, § 1; L. 1988, ch. 363, § 2; L. 1991, ch. 214, § 2; L. 1996, ch. 165, § 2; L. 1998, ch. 176, § 1; L. 2002, ch. 114, § 77; L. 2005, ch. 120, § 4; L. 2006, ch. 168, § 7; L. 2007, ch. 173, § 10; L. 2015, ch. 76, § 4; L. 2025, ch. 40, § 164; January 1, 2026.

Notes of Decisions

Cited in 7 cases, 1984–2020 · leading case: Peck v. Univ. Residence Comm., 807 P.2d 652 (Kan. 1991).

Sort: Relevance Newest Treatment

Peck v. Univ. Residence Comm., 807 P.2d 652 (Kan. 1991). · cites it 10× “Requiring a student to demonstrate that probative factors have been in existence for at least one year enables the Residence Committee to determine that the K.S.A. 76-729 required intent has been in existence for at least 12 months.”

Day v. Sebelius, 376 F. Supp. 2d 1022 (D. Kan. 2005). · cites it 4× “76-731a because they cannot fulfill the lawful, non-discriminatory requirements or qualifications for the benefit.”

Cromwell v. Kobach, 199 F. Supp. 3d 1292 (D. Kan. 2016). · cites it 2× “Under *1303 KS.A. § 76-729 and K.A.R. § 88-3-2, “residence” for fee purposes is the same definition contained in K.”

In Re the Residency Application of Bybee, 691 P.2d 37 (Kan. 1984). · cites it 2× “K.S.A. 76-729. The factors utilized in determining residency were established by the state Board of Regents, pursuant to K.”

Baker v. McCormick, 380 P.3d 706 (Kan. Ct. App. 2016). “20-331; eligibility for in-state tuition at state universities, K.S.A. 2015 Supp. 76-729; eligibility to attend elementary or secondary schools, K.”

Lockett v. Univ. of Kansas, 111 P.3d 170 (Kan. Ct. App. 2005). · cites it 2× “The importance of the 1-year provision was explained by our Supreme Court: “The element of a student’s intent is difficult to ascertain. Requiring a student to demonstrate that probative factors have been in existence for at least one year enables the Residence Committee to…”

Reitz v. The Univ. of Kansas Residency Appeals Comm. (Kan. Ct. App. 2020). “To this end, K.S.A. 76-729(a)(1) defines residency and nonresidency for the purpose of tuition status at Kansas higher education institutions.”

— K.S.A. § 76-729(a) — 1 case

Peck v. Univ. Residence Comm., 807 P.2d 652 (Kan. 1991). “Requiring a student to demonstrate that probative factors have been in existence for at least one year enables the Residence Committee to determine that the K.S.A. 76-729 required intent has been in existence for at least 12 months.”

— K.S.A. § 76-729(a)(1) — 1 case

— K.S.A. § 76-729(b)(2) — 1 case

Day v. Sebelius, 376 F. Supp. 2d 1022 (D. Kan. 2005). “76-731a because they cannot fulfill the lawful, non-discriminatory requirements or qualifications for the benefit.”

— K.S.A. § 76-729(b)(4) — 1 case

Day v. Sebelius, 376 F. Supp. 2d 1022 (D. Kan. 2005). “76-731a because they cannot fulfill the lawful, non-discriminatory requirements or qualifications for the benefit.”

— K.S.A. § 76-729(b)(l) — 1 case

Day v. Sebelius, 376 F. Supp. 2d 1022 (D. Kan. 2005). “76-731a because they cannot fulfill the lawful, non-discriminatory requirements or qualifications for the benefit.”

— K.S.A. § 76-729(c) — 1 case

— K.S.A. § 76-729(c)(4) — 2 cases

Lockett v. Univ. of Kansas, 111 P.3d 170 (Kan. Ct. App. 2005). “The importance of the 1-year provision was explained by our Supreme Court: “The element of a student’s intent is difficult to ascertain. Requiring a student to demonstrate that probative factors have been in existence for at least one year enables the Residence Committee to…”

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