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Procedures for Determination of In-State Status for Admission, Tuition and Charge-Differential Purposes

An initial determination of in-state status for admission, tuition and charge-differential purposes will be made 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 subsequent term until the determination is successfully challenged in a timely manner.

A student may request a re-evaluation of residency status by filing an Application for Change in Residency Classification (hereinafter referred to as Application). A student must meet the requirements for in-state status and submit a completed Application (including all documents therein) by the last day of late registration for the term the student wishes to be classified as in-state. No change in status requested by the student shall be given retroactive effect prior to the term for which a timely Application was filed. Only one Application per term may be filed by a student.

A determination of in-state status is valid only if a student actually enrolls in the term in question. Determinations that are made in cases where the student does not actually enroll are not valid for a subsequent term (with respect to which, all requirements must be satisfied independently and a new and timely Application submitted).

General Policy

It is the policy of the University of Maryland, Baltimore County (UMBC) to grant in-state status for admission, tuition and charge-differential purposes as defined by the University of Maryland Policy on Student Residency Classification for Admission, Tuition and Charge-Differential Purposes. (See complete policy below.)

Appeals

A student who has been denied reclassification following the submission of an Application may request a personal interview with the campus classification officer (CCO) in order to present any and all evidence relevant to the student's classification and to answer questions that may have been raised about his/her status. The request for personal interview must be in writing and must be received by the university no later than 10 days from the date of the university's written denial of the Application.

If the decision of the campus classification officer is adverse to the student, a written appeal may be filed with the secretary of the Campus Review Committee, UMBC Office of the President, Baltimore, MD 21250. Such written appeal must be received by the university no later than 15 days from the date of the written adverse decision of the CCO. The decision of the Campus Review Committee shall be final and binding.

Unless otherwise specifically requested by the Campus Review Committee, information and arguments not presented by the student to the campus classification officer shall not thereafter be considered on appeal. Insofar as the burden of proof rests upon the student, failure to provide complete and timely responses for information requested by the university may result in a denial of the appeal.

Decisions on requests for reclassification may require an extended period of time. It is hoped that a decision in each case will be made within 90 days of the request for reclassification. During this period of time or any further period of time required by the university, fees and charges based on the previous determination must be paid. If the determination is changed, any excess fees and charges will be refunded.

University of Maryland Policy on Student Residency Classification for Admission, Tuition and Charge-Differential Purposes

I. Policy

It is the policy of the Board of Regents of the University System of Maryland (USM) to recognize the categories of in-state and out-of-state students for the purpose of admission, tuition and charge differentials at those institutions where such differentiation has been established.

1. An in-state student is a student whom the University determines to be a permanent resident of the state of Maryland. For the purposes of this policy, "permanent resident" is defined as a person who satisfies all the following conditions and has done so for at least twelve consecutive months immediately prior to and including the last date available to register for courses in the semester/term for which the person seeks in-state status:
   1. Is not residing in the state of Maryland primarily to attend an educational institution; and,
   2. Owns and continuously occupies or rents and continuously occupies living quarters in Maryland. There must exist a genuine deed or lease in the individual's name reflecting payments/rents and terms typical of those in the community at the time executed. Persons not having such a lease may submit an affidavit reflecting payments/ rents and terms, as well as the name and address of the person to whom payments are made, which may be considered as meeting this condition. As an alternative to ownership or rental of living quarters in Maryland, a student may share living quarters in Maryland that are owned or rented and occupied by a parent, legal guardian or spouse; and,
   3. Maintains within Maryland substantially all personal property; and,
   4. Pays Maryland income tax on all earned taxable income, including all taxable income earned outside the state; and,
   5. Registers all owned motor vehicles in Maryland in accordance with Maryland law; and,
   6. Possesses a valid Maryland driver's license, if licensed, in accordance with Maryland law; and,
   7. Is registered in Maryland, if registered to vote; and,
   8. 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; and,
   9. Has a legal ability under federal and Maryland law to live permanently without interruption in Maryland.
2. 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 System of Maryland.
   2. The spouse or financially dependent child of a full-time or part-time (at least 50 percent time) regular employee of the USM.
   3. 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
   4. 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.
   5. A graduate assistant appointed through the University System of Maryland for the semester/term of the appointment. Except through prior arrangement, this benefit is available only for enrollment at the institution awarding the assistantship.
3. Students not entitled to in-state status under the preceding paragraphs shall be assigned out-of-state status for admission, tuition, and charge-differential purposes.
4. Assignment of in-state or out-of-state classification will be made by the university upon an assessment of the totality of facts known or presented to it. The person seeking in-state status shall have the burden of proving that he or she satisfies all requirements.
5. The following circumstances raise a presumption that the student is residing in the state of Maryland primarily for the purpose of attending an educational institution:
   1. The student was attending high school or residing outside Maryland at the time of application for admission to a USM institution.
   2. The student is both (a) not financially independent and (b) is financially dependent upon a person not a resident of Maryland. The burden shall be on the student to rebut the presumption.

II. Procedures

1. An initial determination of in-tate 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.
2. 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.
3. The student shall notify the institution in writing within 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 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 assess retroactively all out-of-state charges for each semester/term affected.
5. 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 permanent resident and the application of the criteria creates an unjust result. These procedures shall be filed with the Office of the Chancellor.

III. 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 or who receives more than one-half of his or her support from another person during the 12-month period immediately prior to the last published date for registration for the semester or session. If a student receives more than one-half of his or her support in the aggregate from more than one person, the student shall be considered financially dependent on the person providing the greater amount of support.
2. Financially Independent: A financially independent student is one who (1) declares himself or herself to be financially independent as defined herein; (2) does not appear as a dependent on the federal or state income tax return of any other person; (3) receives less than one-half of his or her support from any other person or persons; and (4) demonstrates that he or she provides through self-generated support one-half or more of his or her total expenses.
3. 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.
4. Guardian: A guardian is a person so appointed by a court order recognized under the law of the state of Maryland. E. 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. Self-Generated: Self-generated describes income that is derived solely from compensation for an individual's own efforts as evidenced, for example, by federal or state W-2 forms or IRS Form 1099 where interest income is based upon finances created from one's own efforts. For the purposes of this policy, grants, stipends, awards, benefits, loans and gifts (including federal and state aid, grants and loans) may not be used as self-generated income.
7. Regular Employee: A regular employee is a person employed by USM 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.