4.3 Student Residency
4.3.1 Out-of-State and Out-of-Country Enrollment
Each USG institution is required to file an annual report detailing the number of out-of-state and out-of-country students enrolled during the previous academic year.
4.3.2 Classification of Students for Tuition Purposes
4.3.2.1 Description of Terms Used in the Policy
Terms used in the Tuition Classification Policy not found below can be found in the Tuition Classification Glossary of Terms.
Dependent Student
An individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian.
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/she can demonstrate financial independence and domicile independent of his/her parents.
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.
Student from a Homeless Situation
An individual defined as a “Student from a homeless situation” pursuant to Georgia Code Section 20-3-66(4).
4.3.2.2 United States Citizens
Independent Students
An independent student who has established and maintained a domicile in the State of Georgia for a period of at least twelve (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 postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state.
If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within twelve (12) months of the relocation, such student shall be entitled to retain his/her in-state tuition classification.
Dependent Students
A dependent student shall be classified as in-state for tuition purposes if such dependent student’s parent has established and maintained domicile in the State of Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term and:
- The student has graduated from a Georgia high school; or,
- The parent claimed the student as a dependent on the parent’s most recent federal or state income tax return.
A dependent student shall be classified as in-state for tuition purposes if such student’s United States court-appointed legal guardian has established and maintained domicile in the State of Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term, provided that:
- Such appointment was not made to avoid payment of out-of-state tuition; and,
- The United States 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 twelve (12) consecutive months immediately preceding the first day of classes for the term.
If the parent or United States court-appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his/her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student’s parent or United States court-appointed legal guardian.
Student from a Homeless Situation
Any student from a homeless situation shall be classified as in-state for tuition purposes. Upon the classification of any such student as in-state for tuition purposes, such student shall maintain such classification until the earlier occurrence of the completion of a baccalaureate degree or ten years.
4.3.2.3 Non-Citizens
A non-citizen student 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 noncitizens 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 shall not be eligible for in-state classification.
4.3.3 Tuition Differential Waivers
See Section 7.3.4 of this Policy Manual for instances in which an institution may waive the differential between in-state and either out-of-state tuition or out-of-country tuition.
4.3.4 Verification of Lawful Presence
Each University System institution shall verify the lawful presence in the United States of every successfully admitted person applying for resident tuition status, as defined in Section 7.3 of this Policy Manual, and of every person admitted to an institution referenced in Section 4.1.6 of this Policy Manual.
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