Regents' Policies Governing the Classification of Students as In-State and Out-of-State for Tuition Purposes

Description of Terms Used in the Policy

1. Dependent Student – an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian.
2. Emancipated – a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents.
3. Independent Student – an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and rights to that individual's care, custody, and earnings.

A. Policy for United States Citizens

• An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term, shall be classified as "in-state" for tuition purposes. No student shall gain or acquire in-state classification while attending any post-secondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a post-secondary educational institution in this state.
• A dependent student shall be classified as "in-state" for tuition purposes if the dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and (i) the student has graduated from a Georgia high school or (ii) the dependent student's parent claimed the student as a dependent on the parent's most recent federal income or state income tax return.
• A dependent student shall be classified as "in-state" for tuition purposes if a U.S. court-appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that appointment was not made to avoid payment of out-of-state tuition and the U.S. court-appointed legal guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term.
• If an independent student classified as "in-state" relocates temporarily but returns to the State of Georgia within 12 months, the student shall be entitled to retain in-state tuition classification.
• If the parent or U.S. court-appointed legal guardian of a dependent student currently classified as "in-state" for tuition purposes established domicile outside of Georgia after having established and maintained domicile in the State of Georgia, the student may retain in-state tuition classification as long as the student remains continuously enrolled in a public post-secondary educational institution in the state, regardless of the domicile of the parent or U.S. court-appointed legal guardian.

B. Policy for Non-citizens

• Non-citizens initially shall not be classified as "in-state" for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the Board of Regents. Lawful permanent residents, refugees, asylees, or other eligible non-citizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification.
• International students who reside in the United States under non-immigrant status conditioned at least in part upon intent not to abandon a foreign domicile are not eligible for in-state classification.

Tuition Differential Waivers

An institution may award out-of-state tuition differential waivers and assess in-state tuition for certain nonresidents of Georgia for the following reasons (under the following conditions):

1. Academic Common Market. Students selected to participate in a program offered through the Academic Common Market.
2. International and Superior Out-of-State Students. International students and superior out-of-state students selected by the institution president or an authorized representative, provided that the number of such waivers in effect does not exceed 2% of the equivalent full-time students enrolled at the institution in the fall term immediately preceding the term for which the out-of-state tuition is to be waived.
3. University System Employees and Dependents. Full-time employees of the University System, their spouses, and their dependent children.
4. Full-time School Employees. Full-time employees in the public schools of Georgia or the Technical College System of Georgia, their spouses, and their dependent children. Teachers employed full-time on military bases in Georgia shall also qualify for this waiver.
5. Career Consular Officials. Career consular officers, their spouses, and their dependent children who are citizens of the foreign nation that their consular office represents and who are stationed and living in Georgia under orders of their respective governments.
6. Military personnel. Military personnel, their spouses, and their dependent children stationed in or assigned to Georgia and on active duty. The waiver can be retained by the military personnel, their spouses, and their dependent children if
   1. The military sponsor is reassigned outside of Georgia, as long as the student(s) remain(s) continuously enrolled and the military sponsor remains on active military status.
   2. The military sponsor is reassigned out-of-state and the spouse and dependent children remain in Georgia and the sponsor remains on active military duty; or,
   3. The active military personnel and their spouse and dependent children are stationed in a state contiguous to the Georgia border and live in Georgia.
7. Border County Residents. Residents of an out-of-state county bordering a Georgia County in which the reporting institution or Board approved, external center of the University System is located. The University of West Georgia recognizes only Cleburne and Randolph counties in Alabama as Border counties.
8. Georgia National Guard and U.S. Military Reservists. Active members of the Georgia National Guard, stationed or assigned to Georgia or active members of a unit of the U.S. Military Reserves based in Georgia, and their spouses and their dependent children.
9. Students enrolled in the University System institutions as a part of Competitive Economic Development Projects. Students who are certified by the Commissioner of the Georgia Department of Industry, Trade, & Tourism as being part of a competitive economic developmental program.
10. Students in Georgia-based Corporations. Students who are employees of Georgia-based corporations or organizations that have contracted with the Board of Regents through University System institutions to provide out-of-state tuition differential waivers.
11. Direct Exchange Program Students. Any international student who enrolls in a University System institution as a participant in a direct exchange program that provides reciprocal benefits to University System students.
12. Economic Advantage. As of the first day of classes for the term, an economic advantage waiver may be granted to a dependent or independent student who can provide clear evidence that the student or the student's parent, spouse, or U.S. court-appointed guardian has relocated to the State of Georgia to accept full-time, self-sustaining employment and has established domicile in the State of Georgia. Relocation to the state must be for reasons other than enrolling in an institution of higher education. This waiver will expire 12 months from the date the waiver was granted.

    As of the first day of classes for the term, an economic advantage waiver may be granted to a student possessing a valid employment-related visa status who can provide clear evidence of having relocated to the State of Georgia to accept full-time, self-sustaining employment. Relocation to the state must be for reasons other than enrolling in an institution of higher education. These individuals would be required to show clear evidence of having taken all legally permissible steps toward establishing legal permanent residence in the United States and the establishment of legal domicile in the State of Georgia. Students currently receiving a waiver who are dependents of a parent or spouse possessing a valid employment-sponsored visa may continue to receive the waiver as long as they can demonstrate continued efforts to pursue an adjustment of status to U.S. legal permanent resident (BR Minutes, June 2006).

13. Recently Separated Military Service Personnel. Members of a uniformed military service of the United States who, within 12 months of separation from such service, enroll in an academic program and demonstrate an intent to become a domiciled in Georgia. This waiver may be granted for not more than one year.
14. Non-resident Students. As of the first day of classes for the term, a nonresident student can be considered for this waiver under the following conditions:
    1. Students Under 24.
    • If the parent, spouse, or U.S. court-appointed legal guardian has maintained domicile in Georgia for at least 12 consecutive months so long as the student can provide clear and legal evidence showing the relationship to the parent, spouse, or U.S. court-appointed legal guardian has existed for at least 12 consecutive months immediately preceding the first day of classes for the term. Under Georgia code, legal guardianship must be established prior to the student's 18th birthday or
    • If the student can provide clear and legal evidence showing a familial relationship to the spouse and the spouse has maintained domicile in Georgia for at least twelve (12) consecutive months preceding the first day of classes for the term.
    1. Students 24 and Older.
    • If the student can provide clear and legal evidence showing a familial relationship to the spouse and the spouse has maintained domicile in Georgia for at least twelve(12) consecutive months immediately preceding the first day of classes for the term. This waiver can remain in effect as long as the student remains continuously enrolled.

If the parent, spouse, or U.S court-appointed legal guardian of a continuously enrolled non-resident student establishes domicile in another state after having maintained domicile in the State of Georgia for the required period, the nonresident student may continue to receive this waiver as long as the student remains continuously enrolled in a public post-secondary educational institution in the state, regardless of the domicile of the parent or U.S. court-appointed legal guardian.

A student is responsible for registering under the proper residency classification. A student classified as out-of-state who believes that he/she is entitled to be reclassified as in-state may petition the Registrar for a change in status. The petition must be filed by the deadline in the Scoop in order for the students to be considered for reclassification for that semester. If the petition is granted, reclassification will not be retroactive to prior semesters. The necessary forms for this purpose are available in the Registrar's office.

A student whose reclassification petition is denied by the Registrar may, within five working days or a calendar week, appeal that decision. Complete appeal procedures are available from the Offices of the Registrar and the Vice President for Student Services.

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