OUT-OF-STATE STUDENTS
Out-of-State Tuition is paid during the registration period at the beginning of each semester by students who do not qualify as residents of the state of Georgia.
REGENTS' RULES FOR DETERMINING IN-STATE STUDENT STATUS
Under the Constitution and laws of Georgia, the Board of Regents of the University System of Georgia was created to govern, control and manage a system of public institutions providing quality higher education for the benefit of Georgia citizens. The State, in turn, receives a substantial benefit from individuals who are attending or who have attended these institutions through their significant contributions to the civic, political, economic and social advancement of the citizens of the state of Georgia.
Because the overwhelming proportion of financial support for the operation of the public institutions of higher education in Georgia comes from the citizens through the payment of taxes, the determination of whether a student is classified as a resident or a nonresident of the State for tuition purposes becomes a significant matter. The tuition paid by in-state students covers only about one-fourth of the total cost of their education in the University System. Therefore, Georgia taxpayers are contributing three-fourths of the necessary funds to provide quality education for the citizens of the State.
The practice followed by state colleges and universities of assessing out-of-state students a tuition fee is a rational attempt by states to achieve a partial cost equalization between those who have and those who have not recently contributed to the state's economy, even though there is no precise way to determine the degree to which out-of-state tuition equalizes the cost of educating in-state and out-of-state students.
The durational residency requirement of twelve months imposed by most, if not all, states, is considered by the courts to be a reasonable period during which the new resident can make tangible or intangible contributions to the state before being allowed to attend state colleges at the in-state rate. Courts which have been faced with challenges to residency classification procedures have consistently recognized the right of public institutions of higher education to charge higher rates to out-of-state students and to adopt reasonable criteria for determining the establishment of in-state status. Examples of recent cases are: Martinez v. Bynum, 51 U.S.L.W. 4524 (Sup. Ct. May 2, 1983), Starnes v. Washington, 368 Supp. 38(W.D. Wa. 1973) aff'd mem. 414 U.S. 1057 (1973), and Michelson v. Cox, 476 F. Supp. 1315 (S.D. Iowa, 1979).
For the purpose of these regulations, the question to be answered is not primarily whether a student is a resident or non-resident of Georgia but, rather, whether the student meets the criteria to pay University System fees on an in-state basis. The term resident is confusing because of its several meanings as it relates to voter registration, driver's licenses, automobile registration, deeds, contracts, wills, income taxes, and other matters. A student may be a resident of Georgia for some purposes, but not entitled to in-state status for tuition purposes. To be considered as a resident for tuition purposes, one must have been a bona fide resident of Georgia for at least twelve months preceding the date of registration.
The Board of Regents has adopted certain policies governing the classification of students as resident and non-resident for tuition purposes in keeping with its responsibilities to the citizens of Georgia for an appropriate assessment of fees and to ensure that out-of-state students pay a fair and reasonable share of the cost of their education. The taxpayers of Georgia are thereby assured that they are not assuming the financial burden of educating persons whose presence in the state is temporary.
RESIDENCY STATUS CHANGE OF CLASSIFICATION
A student is responsible for registering under the proper residency classification. A student classified as a non-resident who believes that he is entitled to be reclassified as a legal resident may petition the Associate Vice President for Enrollment Services for a change in status. The petition must be filed no later than sixty days after the semester begins in order for the student to be considered for reclassification for that semester. If the petition is granted, reclassification will not be retroactive to prior semesters.
Students and applicants who are classified by Georgia College & State University as out-of-state but who later claim to qualify as in-state students must file an "Affidavit in Support of Residency Appeal" form with the Office of Enrollment Services. A student's tuition status is not changed automatically, and the burden of proof that the student qualifies as an in-state student under the regulations of the Board of Regents of the University System of Georgia rests with the student.
A person's legal residence is the place where the person is generally understood to reside with the intent of remaining there indefinitely and returning there when absent. There must be a concurrence of actual residence and of intent to remain.
CLASSIFICATION POLICIES--To register as a legal resident of Georgia at an institution of the University System, a student must establish the following facts to the satisfaction of the registering officer.
- (a) If a person is 18 years of age or older, he or she may register as an in-state student only upon showing that he or she has been domiciled in Georgia for a period of at least twelve months immediately preceding the date of registration.
(b) No emancipated minor or other person 18 years of age or older shall be deemed to have gained or acquired in-state status for tuition purposes while attending any educational institution in this state, in the absence of a clear demonstration that he or she has in fact established legal residence in this state.
- If a person is under 18 years of age, he or she may register as an in-state student only upon a showing that his or her supporting parent or guardian has been a legal resident of Georgia for a period of at least twelve months immediately preceding the date of registration.
- If a parent or legal guardian of a minor changes his or her legal residence to another state following his or her legal residence in Georgia, the minor may continue to take courses for a period of twelve consecutive months on the payment of in-state tuition. After the expiration of the twelve-month period, the student may continue his or her registration only upon the payment of fees at the out-of-state rate.
- In the event that a legal resident of Georgia is appointed as guardian of a nonresident minor, such minor will not be permitted to register as an in-state student until the expiration of one year from the date of court appointment, but only upon a proper showing that such appointment was not made to avoid payment of the out-of-state fees.
- Aliens shall be classified as nonresident students; provided, however, that an alien who is living in this country under an immigration document permitting indefinite or permanent residence shall have the same privilege of qualifying for in-state tuition as a citizen of the United States.
- Waivers: An institution may waive out-of-state tuition for the following:
(a) nonresident students who are financially dependent upon a parent, parents or spouse who has been a legal resident of Georgia for at least twelve consecutive months immediately preceding the date of registration; provided, however, that such financial dependence shall have existed for at least twelve consecutive months immediately preceding the date of registration;
(b) international students, selected by the institutional president or his authorized representative, provided, however, that the number of such waivers in effect at any time does not exceed one percent of the equivalent full-time students enrolled at the institution in the fall semester immediately preceding the semester for which the out-of-state tuition is to be waived;
(c) full-time employees of the University System, their spouses,and their dependent children;
(d) nonresident graduate students who hold teaching or research assistantships requiring at least one-third time service at such institution;
(e) full-time teachers in the public schools of Georgia and their dependent children. Teachers employed full-time on military bases in Georgia shall also qualify for this waiver;
(f) career consular officers and their dependents who are citizens of the foreign nation which their consular office represents, and who are stationed and living in Georgia under orders of their respective governments. This waiver shall apply only to those consular officers whose nations operate on the principle of educational reciprocity with the United States;
(g) military personnel and their dependents stationed in Georgia and on active duty unless such military personnel are assigned as students to System institutions for educational purposes.
APPEALS PROCEDURE
Any student wishing to appeal a decision of institution officials concerning residence classification shall file a Notice of Appeal with the appropriate review committee at the institution.
Following a review at the highest level at the institution, a student may apply to the Board of Regents for a review of the final decision of the President. Procedures are provided in the Bylaws and Policies of the Board of Regents.
STUDENT RESPONSIBILITIES
Student Responsibility to Register under Proper Classification It is the student's responsibility to register under the proper tuition classification. If there is any question of the right to in-state tuition status, it is the student's obligation, prior to or at the time of registration, to raise the question with the administrative officials of the institution in which the student is registering and have tuition status officially determined. The burden rests with the student to submit information and documents necessary to support the argument for a particular tuition classification under Regents' regulations.
Notification of Change in Circumstances A student who is classified as an in-state student must immediately notify the proper administrative officials of the institution of any change in residency status or any other change in circumstances which may affect tuition classification.
Official Change of Tuition Status Every student classified as a out-of-state shall retain that status until such time as that student shall have petitioned for reclassification in the form prescribed by the institution and shall have been officially reclassified in writing as an in-state student by the proper administrative officers. No more than one application may be filed for a given semester.
Reclassification Every student who has been granted in-state tuition as a legal resident of Georgia shall be reclassified as an out-of-state student whenever anyone shall report, or there have been found to exist, circumstances indicating a change in legal residence to another state.
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