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Classification of Students for Tuition Purposes
Board of Regents Policy
Under the Constitution and laws of the state of Georgia, the Board of Regents of the University System of Georgia (USG) 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 substantial benefit from individuals who are attending or have attended these institutions through their significant contributions to the civic, political, economic, and social advancement of the state of Georgia.
Because the overwhelming proportion of financial support for the operation of the University of Georgia (UGA) comes from the citizens of Georgia through payment of taxes, the determination of whether or not a student is classified as a resident or a non-resident 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 at the University. Therefore, Georgia citizens are contributing a substantial amount of the necessary funds to provide quality education for students at the University.
The practice followed by units of the USG of assessing out-of-state students a higher tuition rate is a rational attempt to achieve a partial cost equalization between those who have and those who have not recently contributed to the state’s economy, even though no precise way exists to determine the degree to which higher tuition charges equalizes the cost of education in-state and out-of-state students. Courts that 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 the in-state status.
The Board of Regents has adopted certain policies governing the classification of students as residents and non-residents for tuition purposes in keeping with its responsibilities to the citizens of Georgia for an appropriate assessment of fees and reasonable share of the cost of their education. The citizens of Georgia are thereby assured that they are not assuming the financial burden of educating persons whose presence in the state is not intended to be permanent. With these considerations in mind, the Board of Regents has adopted the following policies governing the classification of students for fee payment purposes:
403.02 CLASSIFICATION OF STUDENTS FOR TUITION PURPOSES
A. (1) 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 a legal resident of Georgia for a period of at least 12 months immediately preceding the date of registration. Exceptions:
i. A student whose parent, spouse, or court-appointed guardian is a legal resident of the State of Georgia may register as a resident providing the parent, spouse, or guardian can provide proof of legal residency in the State of Georgia for at least 12 consecutive months immediately preceding the date of registration.
ii. A student who previously held residency status in the State of Georgia but moved from the state then returned to the state in 12 or fewer months.
iii. Students who are transferred to Georgia by an employer are not subject to the durational residency requirement.
(2) 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.
B. If a parent or legal guardian of a student changes his or her legal residence to another state following a period of legal residence in Georgia, the student may retain his or her classification as an in-state student as long as he or she remains continuously enrolled in the University System of Georgia, regardless of the status of his or her parent or legal guardian.
C. In the event that a legal resident of Georgia is appointed by a court as guardian of a non-resident minor, such minor will be permitted to register as in-state student providing the guardian can provide proof that he or she has been a resident of Georgia for the period of 12 months immediately preceding the date of the court appointment.
D. Aliens shall be classified as non-resident 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.
Objective Standards for Acquiring In-State Student Status
Ordinarily, a person from another state who comes to the University of Georgia does so for the primary or sole purpose of attending the University rather than to establish a domicile in Georgia. Thus, one who enrolls at UGA as a non-resident is presumed to remain a non-resident throughout his/her attendance unless and until he/she demonstrates by clear and convincing evidence that his/her previous domicile has been abandoned and that Georgia domicile has been established.
No person shall be eligible for classification as an in-state student at UGA unless he/she has been domiciled and has resided in Georgia continuously for not less than 12 consecutive months immediately preceding the beginning of the term (except persons who can show that their parent, spouse, or court-appointed guardian has met this requirement). However, there is a strong presumption that such persons shall continue to be classified as non-residents throughout the entire period of their enrollment. Normally, periods when enrolled in school will not count as periods of domicile for the purpose of the 12 month durational residency requirement. The following facts and circumstances, although not necessarily conclusive, have probative value to support a claim for in-state status after twelve months of continuous domicile in Georgia:
· Continuous presence in Georgia during periods when not enrolled as a student.
· Reliance on sources of financial support from within the state of Georgia.
· Payment of Georgia income and property taxes.
· Admission to a licensed practicing profession in Georgia.
· Acceptance of an offer of permanent employment in Georgia.
· Ownership of a home or real property in the state of Georgia.
· Domicile in Georgia of immediate family and/or other relatives.
Other factors indicating intent to make Georgia one’s domicile may be considered by the University. Normally, the following circumstances, in the absence of other supportive actions as described previously, do not constitute sufficient evidence of domicile to effect classification as an in-state student under the Board of Regents’ policies:
· Obtaining a Georgia driver’s license
· Registering a vehicle in Georgia
· Registering to vote in Georgia
· Having a bank or savings account in Georgia
· Lease of living quarters in Georgia
· Employment in any position normally filled by a student
· Statement of intent to acquire a domicile in Georgia
Frequently Asked Questions Concerning Acquiring In-State Student Status
I’ve read the Regents’ policies but don’t know exactly what I should do. Can you tell me what you are looking for?
There is no formula to ensure reclassification. A student’s residency is not determined on the basis of one factor alone, nor are a predetermined number of actions required. Each case is considered unique and is evaluated accordingly. Students should be able to provide clear and convincing evidence that they are fully established as a citizen of Georgia and that their presence in the state is based upon factors other than those associated with educational objectives. This evidence consists of overt actions or special circumstances that clearly provide support to the student’s claim to resident status for tuition purposes. All information provided in the residency petition is carefully weighed in determining eligibility.
If I’m considered a resident for other purposes, shouldn’t I be considered a resident for tuition purposes by the University?
Not necessarily. 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 Regents’ criteria to pay fees on an in-state basis. A student may be a resident for some purposes, but not entitled to in-state status for tuition purposes. For the purposes of the Regents’ regulations, legal domicile must be established in Georgia for a purpose independent of attendance at an institution of higher education.
How will a decision on my petition be made?
A student’s residence status is never changed automatically. The burden of proof that the student qualifies as an in-state student for tuition purposes under the regulations of the Board of Regents of the University System of Georgia rests with the student. Therefore, to prevent a possible denial or delay in the decision, students should be sure that the petition is as complete as possible and that all required and any supportive documentation that they feel may affect the decision has been provided. The University of Georgia reserves the right to require additional data from the petitioner, if necessary, to make a reasonable decision. The student is notified in writing as soon as a decision is made.
Must I accept the initial decision of my petition?
No. If not satisfied with the initial decision, students have the right to appeal by writing a letter to the Residency Appeals Committee requesting a review of the case. In the absence of extenuating circumstances, a student who does not appeal within thirty (30) days from the date of the original denial forfeits that right. The letter should clearly state the basis for the appeal. It should also include the student’s full name, identification number, present address, and a telephone number and/or official UGA email address at which he/she can be reached between 8:00am and 5:00pm on weekdays.
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