November 27, 2000
Board of Regents Revises Residency Policy for USM Institutions
The University System of Maryland (USM) Board of Regents
today revised the USM residency policy in response to a recent Maryland Court of
Appeals decision declaring that part of the policy violated Article 24 of the
Maryland Declaration of Rights. Students' residency status determines whether
they pay in-state or out-of-state tuition rates.
Under the prior USM policy, a student's residency status
was determined by several factors indicating whether the student was a permanent
resident of the State, including the source of the student's financial
support. However, if a student was financially dependent upon a parent, spouse,
or guardian, he or she paid tuition based upon that person's residency,
without regard to the other factors. The Court of Appeals found that under the
policy students who are "bona fide Maryland residents" could be
automatically denied in-state status solely because of the source of their
financial support. The Court stated that the policy's "absolute preclusion
of in-state tuition status for any student whose primary monetary support comes
from an out-of-state source, arbitrarily and irrationally discriminates against
many bona fide Maryland residents in violation of the equal protection component
of Article 24 of the Maryland Declaration of Rights." In a footnote to its
decision, the Court said the source of a student's financial support could be
considered as a factor in determining residency, but it could not act as an
absolute bar when such support came from non-residents.
In response to the Court's decision, the Board today deleted the provision that automatically denied in-state status to students who are financially dependent on a non-resident parent, guardian, or spouse. Instead, the new policy denies in-state status to students who are "residing in the State of Maryland primarily for the purpose of attending an educational institution."
Students are presumed to be in the State primarily to attend an educational
institution if they (a) attended high school or resided outside of Maryland at
the time they applied for admission, or (b) are not financially independent and
are financially dependent upon a person who is a non-resident. However, the new
policy allows such students to present evidence to rebut the presumption.
As under the prior policy, a student seeking in-state status
must also meet the following conditions 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 he or she seeks in-state
status:
- 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
which are owned or rented and occupied by a parent, legal guardian, or
spouse; and,
- Maintains within Maryland substantially all personal property; and,
- Pays Maryland income tax on all earned taxable income including all
taxable income earned outside the State; and,
- Registers all owned motor vehicles in Maryland in accordance with Maryland
law; and,
- Possesses a valid Maryland driver's license, if licensed, in accordance
with Maryland law; and,
- Is registered in Maryland, if registered to vote; and,
- 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,
- Has a legal ability under Federal and Maryland law to live permanently
without interruption in Maryland.
The revised policy will apply to all student residency
classification decisions made on or after November 27, 2000.
Complete text of the
USM Policy for Student Residency Classification for
Admission, Tuition and Charge-Differential Purposes
Contact:
Francis Canavan
Phone: 301/445-2722
E-mail: fcanavan@usmd.edu
