Policy on Student Residency Classification for Admission and Tuition Purposes

I. Policy

A. Purpose

To extend the benefits of higher education while encouraging the economical use of the State’s resources,¹ it is the policy of the Board of Regents of Morgan State University to recognize the tuition categories of in-state and out-of-state students for the purpose of admission and assessing tuition at the University.

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 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 or domicile; 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.

¹Annotated Code of Maryland, Education Article, §14-101 and §14-104.

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 the University, 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 “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 A through I 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:

1. Source of financial support:
   1. 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
   2. Evidence the student is Financially Dependent upon a person who is a resident of Maryland.
2. 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.
3. Registration as a Maryland resident with the Selective Service, if male.
4. 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.
5. 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:

1. A full-time or part-time (at least 50 percent time) regular employee of the University.
2. The spouse or Financially Dependent child of a full-time or part-time (at least 50 percent time) regular employee of the University.
3. An active duty member of the Armed Forces of the United States whose home of residency is Maryland or one who resides in, or is stationed in, or is domiciled 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.
4. A veteran of the United States Armed Forces who presents documentation that he or she was honorably discharged, and currently resides, or is domiciled, in the State.
5. A veteran who resides in Maryland and was discharged after serving 90 days or more on active duty, who enrolls at Morgan State University within 3 years of discharge, and is pursuing a program of education with educational assistance under 38 U.S.C. §3001 or 38 U.S.C. §3301. This section E of the Policy shall be effective as of July 1, 2015.
6. The spouse or child of a veteran, provided that:
   1. the veteran was discharged after serving 90 days or more on active duty less than three years before the date of the spouse or child’s enrollment at Morgan State University(or in the case of a spouse or child seeking benefits under the Post- 9/11 G.I. Bill, the veteran died in the line of duty on or after September 11, 2001, but less than three years before the date of the spouse or child’s enrollment). ;
   2. the spouse or child is entitled to educational assistance under the Post- 9/11 G.I. Bill 38 U.S.C. §3319 and 38 U.S.C. §3311(B)(9);
   3. the spouse or child currently resides in Maryland; and
   4. the spouse or child is pursuing a program of education with educational assistance under 38 U.S.C. §3001 or 38 U.S.C. §3301.
   5. This section F of the Policy shall be effective as of July 1, 2015.
7. A graduate assistant appointed at the University for the semester/term of the appointment.
8. An active duty member of the Maryland National Guard (MNG) who is stationed, resides or is domiciled Maryland who joined or subsequently serves in the MNG to provide a Critical Military Occupational Skill or to be a member of the Air Force Critical Specialty Code as determined by the MNG. A “member” of the MNG is defined as one who is regularly enlisted or holds a commission in the MNG as an officer in the grade of major or below or a warrant officer. This section H of the Policy shall be effective as of July 1, 2009.
9. A spouse or financially dependent child shall continue to be exempt from paying nonresident tuition if the active duty member no longer meets the requirements of this section IV of this Policy and the spouse or financially dependent child remains continuously enrolled at Morgan State University.
10. The son or daughter of a State or Maryland county public safety employee who is eligible for a scholarship in accordance with §18-601(d)(3)(iii) of the Education Article of the Annotated Code of Maryland which provides for a scholarship for the offspring of a public safety employee killed in the line of duty.
11. Effective July 1, 2011, an undocumented immigrant individual (not including non- immigrant aliens within the meaning of §1101(A)(15) of the Aliens and Nationality Title of the United States Code) is eligible to pay a tuition rate equivalent to the resident tuition rate at the University, if the individual:
    1. Has attended a community college not earlier than the 2010 fall semester and met the requirements of §15-106.8(B)(2011) of the Education Article of the Annotated Code of Maryland (except the requirement set forth in this section that provides that an individual must register as an entering student in a community college in the State not earlier than the 2011 Fall Semester);
    2. Was awarded an associate’s degree by, or achieved 60 credits at a community college in the State;
    3. Provides the University with a copy of the affidavit that was submitted to the individual’s community college which stated the individual will file an application to become a permanent resident within thirty (30) days after the individual became eligible to do so;
    4. Provides to the University documentation that the individual or the individual’s parent or legal guardian has filed a Maryland income tax return:
       1. Annually while the individual attended community college in the State;
       2. Annually during the period, if any, between graduation from or achieving 60 credits at a community college in the State, and registration at the University; and
       3. Annually during the period of attendance at the University; and
    5. Registers at the University not later than four (4) years after graduating from or achieving 60 credits at a community college in the state.

V. Procedures

1. An initial determination of in-state status will be made at the time of admission. 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.
2. A change in status must be requested by submitting a “Petition for Change in Classification for Tuition Purposes”. A student applying for a change to in-state status must furnish all evidence that the student wishes the University to consider at the time the petition is due which is the last published date to register for the forthcoming semester/term for which the change in classification is sought.
3. The student shall notify the University in writing within fifteen (15) days of any change in circumstances which may alter in-state status.
4. In the event incomplete, false, or misleading information is presented, the University may, at its discretion, revoke in-state status and take disciplinary action provided for by the University’s policies. 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.
5. The University 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 requirement set forth in Section II if it is determined that the application of the requirements creates an unjust result.

VI. Definitions

1. Financially Dependent: For the purposes of this policy, a financially dependent student is one who is claimed as a dependent for tax purposes.
2. 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.
3. Guardian: A guardian is a person so appointed by a court order recognized under the law of the State of Maryland.
4. Spouse: A spouse is a partner in a legally contracted marriage.
5. Child: A child is a natural child or a child legally adopted pursuant to a court order recognized under the law of Maryland.
6. Regular Employee: A regular employee is a person employed by the University 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.
7. Continuous Enrollment:
   1. Undergraduate Student - An undergraduate student who is enrolled at the University 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.
   2. Graduate and Professional - Continuous enrollment for a graduate or professional student is defined by the University in accordance with program requirement.

VI. Implementation

This policy as amended by the Board of Regents May 5, 2015 shall be applied to all student tuition classification decisions made after this date, unless stated otherwise in this policy.