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Residency Classification Office
1130 Mitchell Bldg · College Park, Maryland 20742 · 301-314-9596
FAX: 301-314-7915 · resclass@umd.edu

   Policy


VIII-2.70 POLICY ON STUDENT CLASSIFICATION FOR ADMISSION AND TUITION PURPOSES
(Approved by the Board of Regents August 28, 1990; Amended July 10, 1998; Amended November 27, 2000; Amended April 11, 2003; Amended June 23, 2006; Amended February 15, 2008; Amended September 19, 2009)
(Includes Guidelines for Interpretation of the Board of Regent's Policy for Student Residency Classification)

Policy | Procedures | Definitions |


I. POLICY

A. Purpose

To extend the benefits of its system of higher education while encouraging the economical use of the State's resources,1 it is the policy of the Board of Regents of the University System of Maryland (USM) to recognize the tuition categories of in-state and out-of-state students for the purpose of admission and assessing tuition at USM institutions.

B. Burden of Proof

The person seeking in-state status shall have the burden of proving by clear and convincing evidence that he or she satisfies the requirements and standards set forth in this Policy. Assignment of in-state or out-of-state status will be made by the applicable USM institution upon a review of the totality of facts known or presented to it.

C. In-state Status

To qualify for in-state tuition, a student must demonstrate that, for at least twelve (12)consecutive months immediately prior to and including the last date available to register for courses in the semester/term for which the student seeks in-state tuition status, the student had the continuous intent to:

    1. Make Maryland his or her permanent home; and
    2. Abandon his or her former home state; and
    3. Reside in Maryland indefinitely; and
    4. Reside in Maryland primarily for a purpose other than that of attending an educational institution in Maryland.
Satisfying all of the requirements in Section II (and Section III, when applicable) of this policy demonstrates continuous intent and qualifies a student for in-state tuition. Students not entitled to in-state status under this policy shall be assigned out-of-state status for admission and tuition purposes.

D. Presumption

Either of the following circumstances raises a presumption that the student is residing in the State of Maryland primarily for the purpose of attending an educational institution and therefore, does not qualify for in-state status under this policy:

    1. A student is attending school or living outside Maryland at the time of application for admission to a USM institution, or
    2. A student is Financially Dependent on a person who is not a resident of Maryland.
This presumption may be rebutted. The student bears the burden of rebutting the presumption. See "III. Rebuttal Evidence" below.


II. REQUIREMENTS

Before a request for classification to in-state status will be considered, a student must comply with all of the following requirements for a period of at least twelve (12) consecutive months immediately prior to and including the last date available to register for courses in the semester/term for which the student seeks in-state tuition status. The student must demonstrate he or she:

    1. Owns or possesses, and has continuously occupied, including during weekends, breaks and vacations, living quarters in Maryland. The student must provide evidence of a genuine deed or lease and documentation of rent payments made. In lieu of a deed or lease, a notarized affidavit from a landlord showing the address, name of the student as occupant, term of residence, and history of rent payments made will be considered. As an alternative, a student may demonstrate that he or she shares living quarters in Maryland which are owned or rented and occupied by a parent, legal guardian or spouse.

    2. Has substantially all of his or her personal property, such as household effects, furniture and pets in Maryland.

    3. Has paid Maryland income tax on all taxable income including all taxable income earned outside the State and has filed a Maryland tax return.

    4. Has registered all owned or leased motor vehicles in Maryland.

    5. Possesses a valid Maryland driver's license, if licensed.

    6. Is registered to vote in Maryland, if registered to vote.

    7. Receives no public assistance from a state other than the State of Maryland or from a city, county or municipal agency other than one in Maryland.

    8. Has a legal ability under Federal and Maryland law to live permanently without interruption in Maryland.

    9. Has rebutted the presumption that he or she is in Maryland primarily to attend an educational institution, if the student's circumstances have raised the presumption.


III. REBUTTAL EVIDENCE

Satisfying the requirements listed in paragraphs 1-8 of Section II, does not rebut the presumption that a student is in Maryland primarily to attend an educational institution. To overcome the presumption, a student must present additional evidence.

To determine a student's intent, the University will evaluate evidence of a student's objectively verifiable conduct. Evidence that does not document a period of at least twelve (12) consecutive months immediately prior to and including the last date available to register for courses in the semester/term for which the student seeks in-state tuition status is generally considered an unfavorable factor under this policy. Evidence of intent must be clear and convincing and will be evaluated not only by the amount presented but also based upon the reliability, authenticity, credibility and relevance of the evidence.

The absence of objective, relevant evidence is generally considered an unfavorable factor. A student's statement of intent to remain in Maryland in the future is generally not considered to be objective evidence under this policy.

Additional evidence that will be considered includes, but is not limited to, the following:

A. Source of financial support:

    i. Maryland employment and earnings history through sources beyond those incident to enrollment as a student in an educational institution e.g., beyond support provided by work study, scholarships, grants, stipends, aid, student loans, etc. (Tuition costs will be considered as a student expense only to the extent tuition exceeds the amount of any educational scholarships, grants, student loans, etc.), or

    ii. Evidence the student is Financially Dependent upon a person who is a resident of Maryland.

B.Substantial participation as a member of a professional, social, community, civic, political, athletic or religious organization in Maryland, including professionally related school activities that demonstrate a commitment to the student's community or to the State of Maryland.

C.Registration as a Maryland resident with the Selective Service, if male.

D. Evidence showing the student uses his or her Maryland address as his or her sole address of record for all purposes including on health and auto insurance records, bank accounts, tax records, loan and scholarship records, school records, military records, leases, etc.

E. An affidavit from a person unrelated to the student that provides objective, relevant evidence of a student's conduct demonstrating the student's intent to live permanently in Maryland.


IV. NON-RESIDENTS WHO MAY TEMPORARILY QUALIFY FOR IN-STATE STATUS

In addition, persons with the following status shall be accorded the benefits of in-state status for the period in which they hold such status:

A. A full-time or part-time (at least 50 percent time) regular employee of USM or a USM institution.

B. The spouse or Financially Dependent child of a full-time or part-time (at least 50 percent time) regular employee of USM or a USM institution.

C. A full-time active member of the Armed Forces of the United States whose home of residency is Maryland or one who resides or is stationed in Maryland, or the spouse or a Financially Dependent child of such a person. Students that qualify under this provision will retain in-state status for tuition purposes as long as they are Continuously Enrolled regardless of a change in military assignment or status of the active member of the military.

D. A veteran of the United States Armed Forces with an honorable discharge who, within one year of discharge, presents documentation that he or she attended a secondary school in the State for at least three years, and graduated or received the equivalent of a high school diploma from a secondary school in the State. The veteran must present documentation and register at a USM institution within one year of discharge for this provision to apply.

E. A member of the Maryland National Guard, as defined in the Public Safety Article of the Maryland Annotated Code, who joined or subsequently serves in the Maryland National Guard to: (i) provide a critical military occupational skill; or (ii) be a member of the Air Force Critical Specialty Code as determined by the National Guard.

F. For UMUC, a full-time active member of the Armed Forces of the United States on active duty, or the spouse of a member of the Armed Forces of the United States on active duty.

G. A graduate assistant appointed through a USM institution for the semester/term of the appointment. Except through prior arrangement, this benefit is available only for enrollment at the institution awarding the assistantship.



V. PROCEDURES


A. An initial determination of In-State Status will be made by the University at the time a student's application for admission is under consideration. The determination made at that time, and any determination made thereafter, shall prevail for each semester/term until the determination is successfully challenged in a timely manner.

B. A change in status must be requested by submitting a USM "Petition for Change in Classification for Admission, Tuition and Charge Differential". A student applying for a change to In-State Status must furnish all required documentation with the Petition by the last published date to register for the forthcoming semester/term for which the change in classification is sought.

C. The student shall notify the institution in writing within fifteen (15) days of any change in circumstances which may alter In-State Status.

D. In the event incomplete, false, or misleading information is presented, the institution may, at its discretion, revoke in-state status and take disciplinary action provided for by the institution's policy. Such action may include suspension or expulsion. If In-State Status is gained due to false or misleading information, the University reserves the right to retroactively assess all Out-of-State charges for each semester/term affected.

E. Each institution of the University System of Maryland shall develop and publish additional procedures to implement this policy. Procedures shall provide that on request the President or designee has the authority to waive any residency criterion set forth in Section I. if it is determined that the student is indeed a In-State resident and the application of the criteria creates an unjust result. These procedures shall be filed with the Office of the Chancellor.


VI. DEFINITIONS


A. Financially Dependent: For the purposes of this policy, a financially dependent student is one who is claimed as a dependent for tax purposes.

B. Parent: A parent may be a natural parent, or, if established by a court order recognized under the law of the State of Maryland, an adoptive parent

C. Guardian: A guardian is a person so appointed by a court order recognized under the law of the State of Maryland.

D. Spouse: A spouse is a partner in a legally contracted marriage.

E. Child: A child is a natural child or a child legally adopted pursuant to a court order recognized under the law of Maryland.

F. Regular Employee: A regular employee is a person employed by USM or a USM institution who is assigned to a State budget line or who is otherwise eligible to enroll in a State retirement system. Examples of categories NOT considered regular employees are graduate students, contingent employees, and independent contractors.

G. Continuous Enrollment:

    i. Undergraduate Student- An undergraduate student who is enrolled at a USM institution for consecutive fall and spring semesters, until completion of the student's current degree program or unless on an approved leave of absence or participating in an approved program off-campus.

    ii. Graduate and Professional- Continuous enrollment for a graduate or professional student is defined by the institution in accordance with program requirements.


VII. IMPLEMENTATION

This policy as amended by the Board of Regents on February 15, 2008 shall be applied to all student tuition classification decisions made on or after this date.

VIII. UNIVERSITY OF MARYLAND COLLEGE PARK PROCEDURES

A. General Guidelines

    An initial determination of resident status for admission, tuition and charge differential purposes will be made at the time a students' application for admission is reviewed. The determination made at that time, and any determination made thereafter, shall continue for each semester/term until that determination is changed in accordance with the following procedures. These procedures are intended only to supplement the Board of Regents Policy on Student Classification fo Admissions and Tuition Purposes.


  1. Newly admitted undergraduate students seeking a review of their initial residency determination must first contact the Office of Undergraduate Admissions on 301.314.8385 or on um-admit@umd.edu. Graduate students may contact the Residency Classification Office on 301.314.9596 or resclass@umd.edu.


  2. Students wishing to apply for a change to in-state status after their initial semester must meet all requirements set forth in the Board of Regents Policy and file a completed petition, Policy on Student Classification for Admission and Tuition Purposes along with all requested documentation, no later than the first day of the term for which the change is being requested. Late petitions and incomplete will not be accepted. Only one petition may be filed per semester.
    -Petitions may be obtained from the Residency Classification Office, Room 1130 Mitchell Building or on http://www.testudo.umd.edu/rco/downloads.html.
    -The required supporting documents are listed within the body of the petition. For your convenience, a checklist of required documents is also provided. Please note that the checklist is designed as an aid and is not a substitute for the requirements stated in the petition or residency policy.
    -Petitions will only be accepted and evaluated if accompanied by ALL supporting documents. Petitions submitted without the required documentation may not be accepted and the applicant will need to petition for a subsequent semester.


  3. It is the students' responsibility to demonstrate to the satisfaction of the University that he or she meets all requirements of the Board of Regents Policy for classification as an in-state student for tuition purposes.


  4. Assignment of in-state or out-of-state classification for the purposes of admission and assessing tuition will be made upon an assessment of all facts known or presented to the University of Maryland. The student petitioner shall have the burden of proof that he or she satisfies all requirements.


  5. In the event that incomplete, false or misleading information is presented, the University of Maryland will revoke in-state status and may take disciplinary action against the student according to its Code of Student Conduct. If in-state status is granted due to false or misleading information, the University reserves the right to retroactively assess all out-of-state charges for each semester/term affected.


  6. No requests for retroactive change in status will be accepted. A student may only file a Petition for Change in Residency Classification for a current semester according to University established deadlines. In addition, a determination of in-state status is only valid for a term in which a student is registered. Requests for Change in Residency Classification will not be accepted if a student is not registered for that term.


  7. While petitions are under review, students are required to make full tuition payment at the out-of-state rate. The initial determination may take up to three (3) weeks if all supporting documents are submitted along with petition. Students are responsible for all late fees and finance charges that are assessed if their entire bill is not paid at the time due, regardless of a pending decision from the Residency Classification Office. If the University determines that the student meets all of the requirements for in-state residency, the student's classification will be changed and a refund or account credit will be issued as appropriate.

B. Policy Guidelines

    Students must meet the criteria provided in Section I.C & II of the USM Policy on Student Classification for Admission and Tuition Purposes (hereafter referred to as "USM Policy") to be eligible for in-state status. UMCP implements those criteria as follows:


  1. A students' residency classification will be based on the student's ability to meet the criteria indicated in Sections I.C & II of the USM Policy, even if the student is financially dependent on another person. If the student is financially dependent upon a person who is not a resident of Maryland, the presumption shall be that the student is residing in the State of Maryland primarily for the purpose of attending an educational institution. The burden shall be on the petitioning student to rebut this presumption to the satisfaction of the University.


  2. Students who are not U.S. citizens or permanent residents of the United States may satisfy criterion II.8 of the USM Policy if they hold specific visas as determined by the Office of the Attorney General of Maryland. Students may contact the Residency Classification Office on 301.314.9596 or on resclass@umd.edu to inquire about the eligibility of specific visa types.


  3. Section IV.C of the USM Policy, which applies to active duty members of the U.S. Armed Forces, does not include members of the U.S. "Uniformed Services" (e.g., U.S. Public Heath Service) or Reservists.


  4. Students may not use post office boxes (PO boxes) as their address for purposes of this policy. A bona fide street address must be provided.

C. Appeals

    Residency Classification Evaluator initially reviews a student's petition and renders a decision following the Board of Regents Policy for Student Residency Classification.


  1. To the Assistant Registrar responsible for the Residency Classification Office: A student who has been denied in-state reclassification following the submission of a Petition may request a personal interview with the Assistant Registrar (or his designee) in order to submit additional evidence relevant to the student's residency classification or to have answered any questions regarding the residency policy or evaluation process. This request must be received by the Residency Classification Office in writing no later than fifteen (15) working days from the date of the Residency Evaluator's written denial of the Petition. Failure to appeal, or reschedule an appeal at least twenty-four (24) hours beforehand, will mean that the petitioner has decided not to appeal. Therefore, the petition will not be reviewed, no secondary decision will be made, and the decision of the Residency Evaluator will be maintained for the remainder of the semester. It is strongly encouraged that the petitioner submit an appeal letter in advance to give the Assistant Registrar a better understanding of the petitioner's specific situation. In some cases, the Associate Registrar will be involved in the decision process.


  2. To the Residency Review Committee (RRC): If the decision of the Assistant Registrar for Residency Classification is adverse to the student, a written appeal may be filed with the Residency Review Committee (RRC), 1130 Mitchell Building, College Park, Maryland 20742. Such written appeal must be received by the RRC no later than fifteen (15) working days from the date of the written adverse decision of the Assistant Registrar of the Residency Classification Office, and should present any and all information upon which the appeal is based and of which the student would like the RRC to be aware. Unless otherwise specifically requested by the RRC, information and arguments not presented by the student to the Assistant Registrar of Residency Classification shall not hereafter be considered on appeal. It is the student's responsibility to provide complete and timely responses to requests for information by the RRC. Failure to do so may result in a denial of the appeal.
D. Requests for Waivers to the President or Designee

    A student, who has been denied reclassification following a timely appeal and final decision by the Residency Review Committee, may apply to the President for a waiver of the requirement(s) of the Residency Policy upon which the denial was based. Waivers are discretionary and reserved for those rare and unusual circumstances where in the judgment of the President (or designee) the student does not meet the criteria for in-state tuition billing status but an application of the requirement(s) would create an unjust result. The application to the President shall be in writing and set forth all facts and reasons the student believes supports the request; provided, however, matters not previously presented to the Residency Classification Evaluator and the RRC will not be considered. Requests for a Presidential waiver may only be made in cases where the decision of Residency Evaluator, Assistant Registrar and Residency Review Committee are adverse to the student. Requests for Presidential waivers must be received in the Residency Classifications Office within ten (10) business days from the date of the decision of the RRC. The decision of the President is final.


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