Policy VIII-2.70 Student Residency Classification for Admission, Tuition and Charge-Differential Purposes

1. Procedures for Student Residency Classification for Admission, Tuition and Charge-Differential Purposes

   These Procedures implement VIII-2.70 - the University System of Maryland ("USM") Policy on Student Classification for Admission and Tuition Purposes ("the USM Policy"), amended by the Board of Regents on June 17, 2022.

2. Initial Determination

   An initial determination of in-state status will be made by UMGC at the time a student's application for admission is under consideration by the admissions staff. If the student does not provide all information necessary for an initial residency determination, or the information given is inconsistent, ambiguous, or otherwise questionable, the student will be assigned out-of-state status. The determination made at that time, and any determination made thereafter, shall prevail for each term until the determination is successfully challenged within the time frames and procedures described in this Policy. If a student inadvertently is misclassified as a Maryland resident, the student will be billed at the out-of-state rate for all subsequent terms once the error is discovered.

3. Change in Residency Status
   1. Students will be classified as out-of-state if they fail to submit required information from the residency section of the admissions application or required documentation such as proof of citizenship status or verification of University System of Maryland employment. In these situations, the student can be reclassified as in-state upon submission of the required information or documentation for a particular term, if that information or documentation is submitted no later than the end of that term, and if the information or documentation shows that the student would have qualified for the in-state rate at the time of admission.
   2. Students who are classified as out-of-state due to an error made by a UMGC staff member will be reclassified as in-state back to the point that the error occurred upon discovery and verification of the error. A refund for the difference between the in-state rate and the out-of-state rate will be issued for each term that was impacted by the error.
   3. Students who do not register for classes at UMGC for two or more years must reapply to UMGC before being able to take additional courses. In this situation, the determination of residency classification when the student is readmitted will be made based upon the information given on the new admissions application.
   4. Students who do not meet all nine of the residency requirements for at least 12 months at the time of admission by the deadline to do so for their admit term must submit a Petition for Change in Classification for Tuition to be considered for in-state status. Students must submit the Petition and supporting documentation (as indicated on the Petition) to the residency evaluator by the last published date to register for courses for the term in which the student is seeking a change in residency status as follows:
      1. The deadlines for submitting a Petition for upcoming terms are available in UMGC's Academic Calendar.
      2. Students seeking a change in residency status who are planning to take a co-op course (where there is no published date to register) must submit their petition and supporting documentation prior to the date they register for the co-op course in order to qualify for in-state tuition for that co-op course.
      3. Once a Petition is submitted, the residency evaluator will review it and the supporting documentation. If the residency evaluator determines that there is missing or inconsistent information or documentation, the evaluator will contact the petitioning student to obtain all the information or documentation necessary to complete the Petition for a comprehensive review. If any outstanding information or documentation is not submitted to UMGC within 30 days of the date of the residency evaluator's request, the student's petition may not be considered for the current term for which s/he applied for in-state status. A student in this situation must re-apply for in-state status for a later term by submitting a new petition and any required documentation by the published deadline for that term.
      4. If it is determined that the student meets all of the requirements for in-state residency, the student's classification will be changed to that status effective with the term that the student met the deadline to submit a Petition. If the student has already paid the out-of-state tuition rates for the applicable term and/or any future terms, a refund or account credit (if there is a balance due on the student's account) will be generated.
      5. If UMGC determines that the student does not meet all of the requirements for in-state residency, the residency evaluator will notify the student that he or she has been denied and give the student the option to appeal the decision in writing to the UMGC Residency Committee for a waiver of the criterion that the student does not meet. The Residency Committee may waive any residency criterion set forth in Section II of the USM residency policy if it is determined that the application of the criterion creates an unjust result.

4. Criteria

   Students must meet the criteria provided in Section II of the USM Policy to be eligible for in-state status. Additional information about some of those criteria follows:

   1. Students in the United States holding specific visa classifications satisfy criterion II.H of the USM Policy as determined by the Office of the Attorney General. Students may contact the Residency Evaluator to ask about their eligibility.
   2. Students who do not owe Maryland income taxes or are exempt from United States federal, state, or local taxes due to the student's visa status will not be required to meet Section II.C of the USM policy.
   3. Students who maintain Maryland as their permanent address, but who are temporarily residing outside of Maryland for no more than 12 months, may be considered to meet II.A of the USM Policy if they submit the following documentation to the residency evaluator:
      1. a statement indicating the length and purpose of the temporary absence,
      2. if licensed to drive, a copy of his or her Maryland driver's license,
      3. if employed, a copy of a recent paycheck stub showing Maryland taxes being withheld and,
      4. a copy of a lease or deed for the student's Maryland residence or a notarized statement from the owner or leaseholder of the residence verifying how long the student has lived there and confirming the address of the residence.
   4. Students who have permanent resident status but whose permanent resident card has expired will not be considered to meet II.H until either a new valid permanent resident card is submitted or documentation from the United States Citizenship and Immigration Service showing that the student has applied for renewal of his or her permanent resident card is submitted. Students who submit documentation showing that they have applied for a renewal of their card – and who meet all of the other residency criteria for at least 12 months - will be classified as in-state for one term. In order to continue to be classified as in-state, students must submit a copy of their renewed permanent resident card.
   5. Students, or their spouses, who separated from the military and who claimed Maryland as their home state of residency while in the military satisfy Section IV.D, IV.E, and IV.F of the USM Policy VIII-2.70 if: (i) the student was prevented from living in Maryland while on active duty, (ii) the student now lives in Maryland, (iii) the student has a Maryland driver's license, if licensed to drive (iv) the student has a Maryland car registration, if applicable, and (v) the student is a registered Maryland voter, if registered to vote. These students are not required to comply with these requirements for the period of twelve (12) consecutive months immediately prior to and including the last date to register for courses in the term for which the student seeks in-state status if they meet one of the requirements in Section IV. This provision will not apply if the student appears to have established residency in another state after separating from active duty. Sections IV.D, IV.E, and IV.F, state as follows:
      1. A veteran of the Armed Forces of the United States who provides documentation that he or she was honorably discharged and currently resides or is domiciled in Maryland.
      2. A veteran who lives in Maryland and was discharged from a period of at least 90 days of service in the active military, naval, or air service and is pursuing a course of education with educational assistance under the Montgomery G.I. Bill® (38 U.S.C. §3001) or the Post-9/11 G.I. Bill® (38 U.S.C. §3301). A veteran so described will continue to retain in-state status if the veteran is using educational benefits under either chapter 30 or chapter 33, of title 38, United States Code, and remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school.
      3. Anyone who lives in Maryland, and:
         1. Is using transferred Post-9/11 G.I. Bill® benefits (38 U.S.C. §3319) and enrolls after the transferor’s discharge or release from a period of at least 90 days of service in the active military, naval or air service; or
         2. Is using transferred Post-9/11 G.I. Bill® benefits (38 U.S.C. §3319) and the transferor is a member of the uniformed services who is serving on active duty;
         3. Is using benefits under the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. §3311(b)(9));
         4. Is using benefits through the Survivors’ and Dependents’ Educational Assistance Program (DEA), (38 U.S.C. chapter 35) or
         5. Is entitled to rehabilitation under 38 U.S.C. §3102(a).
         6. An individual as described in this Section IV.F will continue to retain in-state status if the individual is using educational benefits under chapter 30, 31, or 33, of title 38, United States Code, and remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same school.
   6. Students who must register their vehicles outside of Maryland for business purposes satisfy criteria II.D but must provide documentation verifying that their out-of-state vehicle registration is for business purposes.
   7. Department of Defense or State Department employees or their spouses or dependent children are eligible for in-state status if the student meets all of the residency requirements except that he or she is prevented from physically residing in Maryland due to Department of Defense or State Department employment. The student must provide documentation of employment with the Department of Defense or State Department.
   8. View tuition rates for military students and their spouses.
5. Alteration of In-State Status
   1. Students shall notify the residency evaluator, in writing, within fifteen days of any change in circumstances that may alter in-state status.
   2. In the event, incomplete, false, or misleading information is presented, UMGC may, at its discretion, revoke in-state status and take other disciplinary actions provided by UMGC's Code of Student Conduct. If in-state status is gained due to false or misleading information or UMGC is not notified within 15 days of any change in circumstances that may alter in-state status, UMGC reserves the right to retroactively assess all out-of-state charges for each term affected.
      
6. Related Policies, Procedures, and References
   1. USM Policy VIII-2.70 Student Classification For Admission and Tuition Purposes
   2. Petition for Change in Classification for Tuition
   3. UMGC's Academic Calendar
   4. UMGC’s Military Tuition Rates

*formerly Policy 210.20