Policy for Classification of Students for Tuition

Policy for Classification of Students for Tuition Purposes and Out-of-State Waivers 

Each University System school shall verify the lawful presence in the United States of every student applying for in-state tuition. Only those students verified to be lawfully present in the United States and meet Georgia domicile requirements per Policy 4.3.2, may be classified a in-state. Methods for verifying lawful presence are listed below. Student may provide copy of one of the following:

• A Certified U.S. Birth Certificate showing the student was born in the U.S.
or a U.S. territory. A photocopy is not acceptable.  The original document must be presented and copy will be made in the Office of Enrollment Services.
• A U.S. Certificate of Naturalization (USCIS form N‐550 or N‐570).
• A U.S. Certificate of Citizenship (USCIS form N‐560 or N‐561).
• A U.S. Certificate of Birth Abroad issued by the Department of State (DS‐
1350) or a Consular Report of Birth Abroad (FS‐240).
• A current U.S. Passport.
• A current Driver’s License issued by the State of Georgia after January 1,
2008.
• A current ID issued by the State of Georgia after January 1, 2008.
• A current military ID (service member only, not dependent) Documented using the Confirmation of Review of Military ID Worksheet. A photocopy is not acceptable.

• A current, valid Permanent Resident Card (USCIS form I‐151 or I‐551

The following rules are adopted by the University System of Georgia for determining residency for tuition purposes and are subject to periodic change by Board action.

United States Citizen Students

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.

  • An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 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.

Dependent Student An individual under the age of 24 who receives financial support from a parent or United State court appointed legal guardian.

  • 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 12 consecutive months immediately preceding the first day of classes for the term and (a) the student has graduated from a Georgia high school; or (b) 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 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 U.S. 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 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 or her in-state tuition classification as long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of the such student’s parent or United States court-appointed legal guardian.

Noncitizens

A noncitizen 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 nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification.

Financially Self-Sustaining Income Students

To establish financial self-sustaining income status, an independent student must meet the Department of Health and Human Services (HHS) Poverty Guidelines stated below. Most recent year’s income tax returns may be submitted to substantiate financial self-sufficiency status. If income is less than poverty guideline amounts, student must provide supporting documentation of the other sources(s) of financial assistance

Examples:

  • A student earning less than $10,000 a year but living with his/her grandmother who does not charge rent or utilities may be considered for in-state classification provided he/she provides documentation of the support, as well as other documentation demonstrating that domicile in Georgia has been maintained for at least 12 consecutive months immediately preceding the first day of classes.  As with all cases, in this example it would be important to consider the student's reason for coming to the state, whether domicile has been established and whether the student was claimed as a dependent on his or her parent's non-Georgia taxes.
  • A student filing a Georgia income tax return showing an income of $1,500 for the last reported year does not earn an income sufficient to be considered self-sufficient.  The student is probably receiving financial support and the source of the support must be considered.

Current HHS Poverty Guidelines

Persons in Family or Household 48 Contiguous States and D.C.
1$10,890
214,710
318,530
422,350
526,170
629,990
733,810
837,630
For each additional person3,820

Out-of-State Tuition Waivers

Under certain conditions a nonresident of Georgia may be granted an out-of-state tuition differential waiver for in-state tuition.  Qualifying students must be able to provide proof of lawful presence in the U.S.  Waivers are as follows:

  1. Academic Common Market. Students selected to participate in a program offered through the Academic Common Market.  Student must meet residency requirements as determined by the state of their home institution in order to participate.
  2. Presidential Waiver.  There are three categories of Presidential waivers; Academic, International and Athletic . Athletic waivers are limited to 1/3 of the total number of waivers. Institutions will have until Fall 2018 to accomplish this.The number of waivers will be determined as 2% of the previous Fall semester’s enrollment. Students who are currently receiving a SOOS or International Waiver will continue to be eligible as long as they remain continuously enrolled and continue to meet the eligibility requirements under which they were awarded. Students who do not maintain continuous enrollment will be reevaluated under the new standards. Students who are eligible for more than one category must choose which category they are applying for and will remain in that category until their studies at DSC are complete or they become eligible to be classified as legal residents of the state. Applications for Presidential Waivers will not be reviewed for eligibility until the admissions process is complete.Students admitted on a conditional basis (limited admission) are not eligible for a Presidential Waiver. Failure to maintain the specified level of academic performance shall result in the student being placed in a two-semester probationary period for waiver purposes. The student shall be eligible to maintain a waiver during this probationary period but shall be ineligible for the waiver if the student is not able to achieve the specified GPA during the first probationary term or is mathematically unable to meet the required GPA by the end of the probationary period. Academic Category: 3.0 HS GPA from a USG recognized high school program and a minimum 450CR/500M/19ACTE/21ACTM for traditional students. Non-traditional students must exempt learning support requirements. 2.5 transfer GPA and exemption from learning support requirements for students with less than 30 transferable (semester) hours. Transfer students with more than 30 transferable hours must have completed ENGL 1101 or its equivalent and the appropriate Area A Math course. Students who receive the Academic Waiver must maintain a 2.5 GPA. International Category: 3.0 HS GPA or its equivalent for incoming freshmen international students and a minimum 450CR/500M/19ACTE/21ACTM. GPA may be validated by SAT/ACT score. (500CR/500M/21ACTE/21ACTM). Students who receive the International Waiver must maintain a 2.5 GPA. Athletic Category: 2.0 HS GPA or its equivalent. Conditionally admitted students are not eligible for the Athletic Waiver. Students applying for the Athletic waiver must meet all categories of the SAP (Satisfactory Academic Progress) to include Quantitative and Qualitative requirements. Transfer students must have a 2.0 GPA.
  3. University System Employees and Dependents. Full-time employees of the University System, their spouses, and their dependent children.
  4. Full-Time School Employees. Full-time employees in the public schools of Georgia or Technical College System of Georgia, their spouses, and their dependent children. Teachers employed full-time on military bases in Georgia shall also qualify for this waiver.
  5. A copy of the applicant's Scholastic Aptitude Test (SAT): The registration booklet for the SAT-I may be ordered from the College Board ATP, AN6200, Princeton NJ 08451-6200 USA. Be sure to specify that you need the "international edition." NOTE: The SAT is required for traditional students only.
  6. Career Consular Officials. Career consular officers, their spouses, and their dependents who are citizens of the foreign nation that their consular office represents, and who are stationed and living in Georgia under orders of their respective governments.
  7. Military Personnel. Military personnel, their spouses, and their dependent children stationed in or assigned to Georgia and on active duty. The waiver can be retained by the military personnel, their spouses, and their dependent children if (a) the military sponsor is reassigned outside of Georgia, and the student(s) remain(s) continuously enrolled and the military sponsor remains on children active military status; (b) the military sponsor is reassigned out-of-state and the spouse and dependent children remain in Georgia and the sponsor remains on active military duty; or (c) the active military personnel and their spouse and dependent children who are stationed in a state contiguous to the Georgia border and who live in Georgia.
  8. Border County Residents. Residents of Hamilton and Bradley counties in Tennessee.  Must be domiciled in the qualifying bordering county for 12 consecutive months prior to the start of classes.
  9. Georgia National Guard and U.S. Military Reservists. Active members of the Georgia National Guard, stationed or assigned to Georgia or active members of a unit of the U.S. Military Reserves based in Georgia, and their spouses and their dependent children.
  10. Students Enrolled in University System Institutions as Part of Competitive Economic Development Projects.  Students who are certified by the Commissioner of the Georgia Department of Economic Development as being part of a competitive economic development project.
  11. Students in Georgia-Based Corporations. Students who are employees of Georgia-based corporations or organizations that have contracted with the Board of Regents through University System institutions to provide out-of-state tuition differential waivers.
  12. Students in ICAPP® Advantage. (http://www.icapp.org/) programs.
  13. International and Domestic Exchange Programs. Any student who enrolls in a University System institution as a participant in an international or domestic direct exchange program that provides reciprocal benefits to University System students.
  14. Economic Advantage. As of the first day of classes for the term, an economic advantage waiver may be granted to an independent non-citizen possessing a valid employment-related visa status who can provide clear evidence of having relocated to the State of Georgia to accept full-time, self-sustaining employment.  Relocation to the state must be for employment reasons and not for the purpose of enrolling in an institution of higher education.  These individuals would be required to show clear evidence of having taken legally permissible steps toward establishing legal permanent residence in the United States and the establishment of legal domicile in the State of Georgia.  Independent non-citizen students may continue to receive this waiver as long as they maintain a valid employment-related visa status and can demonstrate continued efforts to establish U.S. legal permanent residence and legal domicile in the State of Georgia. A dependent non-citizen student who can provide clear evidence that the student's parent, spouse, or U.S. court-appointed legal guardian possesses a valid employed-related visa status and can provide clear evidence of having relocated to the State of Georgia to accept full-time, self-sustaining employment is also eligible to receive this waiver.  Relocation to the state must be for employment reasons and not for the purpose of enrolling in an institution of higher education.  These individuals must be able to show clear evidence of having taken legally permissible steps toward establishing legal permanent residence in the United States and the establishment of legal domicile in the State of Georgia.  Non-citizen students currently receiving a waiver who are dependents of a parent, spouse or U.S. court-appointed legal guardian possessing a valid employed-related visa status may continue to receive the waiver as long as they can demonstrate that their parent, spouse, or U.S. court-appointed legal guardian is maintaining full-time, self-sustaining employment in Georgia and is continuing efforts to pursue an adjustment of legal domicile in the State of Georgia.
  15. Recently Separated Military Service Personnel.  Members of a uniformed military service of the United States who, within 12 months of separation from such service, enroll in an academic program and demonstrate an intent to become domiciled in Georgia.  This waiver may also be granted to their spouses and dependent children.  This waiver may be granted for not more than one year.
  16. Vocational Rehabilitation Waiver.  Students enrolled in a University System of Georgia Institution based on a referral by the Vocational Rehabilitation Program of the Georgia Department of Labor.
  17. Non-Resident Student.  As of the first day of classes for the term, a non-resident student can be considered for the waiver under the following conditions:
    1. Students under the age of 24.
      • If the parent, or United States court-appointed legal guardian has maintained domicile in Georgia for at least twelve (12) consecutive months and the student can provide clear and legal evidence showing the relationship to the parent or United States court-appointed legal guardian has existed for at least twelve (12) consecutive months immediately preceding the first day of classes for the term.  Under Georgia code, legal guardianship must be established prior to the student's 18th birthday; or
      • If the student can provide clear and legal evidence showing a familial relationship to the spouse and the spouse has maintained domicile in Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term.
    2. Students 24 years of age and older.
      • If the student can provide clear and legal evidence showing a familial relationship to the spouse and the spouse has maintained domicile in Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term.

This waiver can remain in effect as long as the student remains continuously enrolled.

If the parent, spouse, or U.S. court-appointed legal guardian of a continuously enrolled nonresident student establishes domicile in another state after having maintained domicile in the State of Georgia for the required period, the nonresident student may continue to receive this waiver as long as the student remains continuously enrolled in a public postsecondary educational institution in the state, regardless of the domicile of the parent, spouse or U.S. court-appointed legal guardian.

Please visit our website at http://www.daltonstate.edu/admission/applications-and-forms.html for all residency applications and forms.