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 which 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 independently satisfied and a new and timely Application submitted).

General Policy

It is the policy of 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 which 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 ten (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 21228. Such written appeal must be received by the University no later than fifteen (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 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 ninety (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 of Maryland System to recognize the categories of in-state and out-of-state students for purposes of admission, tuition, and charge differentials at those institutions where such differentiation has been established. The student is responsible for providing the information necessary to establish eligibility for in-state status.

A. Students who are financially independent or financially dependent, as hereinafter defined, shall have their residency classification determined on the basis of permanent residency. For purposes of this policy, a permanent residence is a person's permanent place of abode as determined by the following criteria. Such students will be assigned in-state status for admission, tuition, and charge differential purposes only if the student (if financially independent) or the student's parent, guardian or spouse (in the case of a financially dependent student):

1. Owns or rents and 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 which are owned or rented and occupied by a parent, legal guardian, or spouse;

2. Maintains within Maryland substantially all personal property;

3. Pays Maryland income tax on all earned taxable income including all taxable income earned outside the State;

4. Registers all owned motor vehicles in Maryland in accordance with Maryland law;

5. Possesses a valid Maryland driver's license, if licensed, in accordance with Maryland law;

6. Is registered 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; and

8. Has a legal ability under federal and Maryland law to reside permanently without interruption in Maryland.

B. In addition to meeting all of the criteria set forth in the preceding section, to qualify for in-state status on the basis of permanent residence, a student or, if the student is financially dependent, the parent, legal guardian, or spouse, must have resided in Maryland for at least twelve (12) consecutive months immediately prior to and including the last date available for late registration for the forthcoming semester or session and must have continuously resided in Maryland during that period.

C. If a student is financially dependent as hereinafter defined, the permanent residence of the parent, guardian, or spouse on whom he/she is dependent shall determine in-state status. If a student is financially independent, the permanent residence of the student shall determine in-state status.

D. In-state status based on permanent residence is lost at any time a financially independent student establishes a permanent residence outside the State of Maryland. If the parent, guardian, or spouse through whom a financially dependent student has attained in-state status establishes a permanent residence outside the State of Maryland, the in-state status is lost. In each instance, the student will then be assessed out-of-state tuition and charges beginning the next semester or session.

E. In addition, the following categories of students shall have in-state status:

1. A full-time or part-time (at least 50 percent time) permanent employee of the University of Maryland System;

2. The spouse or dependent child of a full-time or part-time (at least 50 percent time) permanent employee of the University of Maryland System;

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; and

4. A graduate assistant.

F. 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.

II. Procedures

A. The date on which conditions for in-state classification must be met is the last published date to register for the forthcoming semester or session. In those instances where an entering class size is established and where an application deadline is stated, institutions may require that conditions for in-state classification must be satisfied as of the announced closing application date.

B. A change in status must be requested in writing by a student prior to the last published date of registration in order to be effective for that semester or session. A student applying for a change to in-state status must furnish appropriate documentation as required by the institution.

C. The student shall notify the institution in writing within fifteen (15) days of any change of circumstances which may alter in-state status.

D. In the event incomplete, false, or misleading information is presented, the institution may, at its discretion, revoke an assignment of in-state status in addition to other disciplinary actions provided for by the institution's policy.

E. Each institution of the University of Maryland System 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 requirement as set forth in IA and IB, if it is determined that the student is indeed a permanent resident and application of the criteria creates an unjust result. Such procedures must provide for appeal to the President or designee of any residency determination using a system-wide petition form. These procedures shall be filed with the office of the Chancellor.

III. Definitions

A. Financially Dependent: For 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 a parent, legal guardian, or spouse during the twelve (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 a parent and/or legal guardian and/or spouse, the student shall be considered financially dependent on the person providing the greater amount of support.

B. 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-support one-half or more of his or her total expenses.

C. 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.

D. 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.

F. Support: (1) Except as set forth in (2) below, support shall mean financial or material support, including gifts, services, and trusts, including income or benefits derived from one's family. (2) Support shall not include grants, stipends, awards, and benefits (including Federal and State student aid, grants, and loans) received for the purpose of education or by virtue of an individual's status or prospective status as a student. Such resources shall not be considered in calculating a student's financial dependence or independence.

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Created by L. Jason Hartman (lhartm1@gl.umbc.edu) - Registrar's Office

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Last updated 9/13/96