1. Summer 2017 Tuition Classification workshop Sarah Wenham
Office of Student Affairs
University System of Georgia

2. WELCOME AND INTRODUCTIONS

3. Topics What are we missing? USG tuition classification policies
Dependent v. independent students
What is domicile?
Determining a student’s classification
Petitions and supporting documentation
Verification of lawful presence (VLP)
Select out-of-state tuition waivers
Resources
What are we missing?

4. Are you ready?

5. TUITION CLASSIFICATION POLICIES

6. Georgia Code, Policy and Guidance
O.C.G.A
BOR Policy 4.3
USG Manual for Determining Tuition Classification & Awarding OOS Waivers
Institution Tuition Classification Procedure Manuals

7. BOR Tuition Classification Policies
USG Student Residency Policies – United States Citizens – Non-Citizens – Verification of Lawful Presence
Independent Students
Dependent Students

8. Who is Considered Independent?
An independent student is an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or U.S. court- appointed legal guardian, and whose parent or guardian has ceased to provide support and rights to that individual’s care, custody, and earnings.
Students 24 and older are considered independent.

9. Who is Considered Dependent?
A dependent student is an individual under the age of 24 who receives financial support from a parent or U.S. court-appointed legal guardian.
When reviewing an admissions application, students under 24 are assumed to be dependent.
(More on Dependent Students and Independent Students later)

10. Independent Student Policy

11. BOR Policy 4.3.2.2 - U.S. Citizens
Independent Students (1/3)
An independent student who has established and maintained domicile in Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in- state for tuition purposes.

12. BOR Policy 4.3.2.2 - U.S. Citizens
Independent Students (2/3)
No student shall be classified as in-state while attending a postsecondary institution in Georgia without clear evidence of having established domicile in the state for purposes other than to attend a postsecondary institution.

13. BOR Policy 4.3.2.2 – U.S. Citizens
Independent Students (3/3)
If an independent student classified as in-state relocates out of state temporarily and returns to Georgia within 12 months of the relocation, the student shall be entitled to retain his or her in-state tuition classification.

14. Dependent Student Policy

15. BOR Policy 4.3.2.2 – U.S. Citizens
Dependent Students (1/3)
A dependent student shall be classified as in-state for tuition purposes if the student’s parent has established and maintained domicile in Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term
AND:
The student is a Georgia high school graduate; OR
The parent claimed the student as a dependent on their federal or state income tax return for the most recent tax year.

16. BOR Policy 4.3.2.2 – U.S. Citizens
Dependent Students (2/3)
A dependent student shall be classified as in-state if his/her U.S. court-appointed legal guardian has established and maintained domicile in Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and provided that such appointment was not made to avoid payment of out-of-state tuition.

17. BOR Policy 4.3.2.2 - U.S. Citizens
Dependent Students (3/3)
If the parent or U.S. court-appointed legal guardian of a dependent student currently classified as in- state establishes domicile outside of Georgia, the student may retain the in-state classification so long as such student remains continuously enrolled in a Georgia public postsecondary educational institution.

18. Noncitizen Students Policy

19. BOR Policy 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 for 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.

20. Other Eligible Noncitizens
Publications >> Federal Student Aid Handbook >> Select current award year >> select Volume 1 (Student Eligibility) >> select Chapter 2 (Citizenship)

21. FSA Handbook Examples- Eligible
See the FSA Handbook for a complete list and descriptions.

22. FSA Handbook Examples - Ineligible
See the FSA Handbook for a complete list and descriptions.

23. Eligible Noncitizens - Summary
To be classified as in-state a non-citizen must:
Provide documentation showing they are an “eligible non-citizen” as defined by the U.S. Department of Education;
Be verified to be lawfully present using one of the approved methods on the USG Lawful Presence Verification Methods Chart; AND,
Meet the Georgia domicile requirements provided in BOR Policy in the same manner as U.S. citizen students.

24. Domicile

25. What is this thing called “domicile”?
An individual’s present, permanent home where they intend to stay indefinitely and to which they return following periods of temporary absence.
Domicile is not affected by temporary presence outside of GA.
Temporary residence in GA does not constitute the establishment of domicile.
An individual may have multiple residences but only one domicile.
Home
Sweet

26. Determining Domicile
There is no predetermined formula for what is considered sufficient in every situation.
But some items carry more weight since required by law, if applicable:
State income taxes
Driver’s license
Automobile registration
Maintenance of ties to a location outside of the state is a consideration.

27. Domicile Considerations
What is required for domicile?
Employment in Georgia?
Renting or owning a home in Georgia?
Holding a valid Georgia driver’s license?
Holding a valid state ID issued in Georgia?
Having a vehicle registered in Georgia?

28. Determining Domicile
Professional judgment is used to determine if all available information provides clear & convincing evidence that domicile has been established and maintained for the required duration.
Sometimes a few BIG puzzle pieces are sufficient but sometimes many little pieces are needed to have sufficient evidence.

29. INITIAL CLASSIFICATIONS

30. Process Overview
Initial tuition classification is assigned based on review of the student’s admissions application.
At the discretion of the institution, students may correct an application error with documentation and/or statement.
Students classified as out-of-state may request a second review through the institution petition process.
Per institutional policies, students classified as out-of-state may submit an appeal.
Students classified as out-of-state may qualify for an out-of-state tuition waiver.
Remain classified as out-of-state and no out-of-state tuition waiver granted.

31. Initial Classification Overview
All students must be assigned a tuition classification status.
Noncitizen applicants must provide documentation showing they are an “eligible noncitizen”.
No student may be classified as in-state or granted an out-of-state tuition waiver until their lawful presence has been verified.
ALL admission applications must include the questions sufficient to make an accurate initial classification (the undergraduate XAP (Gafutures.org) application provides those questions).

32. Reviewing Applications (1/4)
Is the applicant applying for in-state tuition?
If they are not applying for in-state, there is no reason to continue the review.
What is the applicant’s citizenship status?
Are they are U.S. citizen, lawful permanent resident, refugee, asylee, or other eligible noncitizen as defined by the federal Title IV regulations? If not, there is no reason to continue the review.
How old is the applicant?
Is the student to be evaluated as an independent or dependent student? r
Independent Student
Evaluated based on their own status and actions in the state
Dependent Student
Evaluated based on the status and actions of their parent(s) or U.S. court-appointed legal guardian

33. Reviewing Applications (2/4)
Did they indicate ill have been their present and permanent home for at least the 12 consecutive months immediately preceding the first day of classes for the term the in-state classification is sought?
If they indicate the durational requirement is not met, there is no reason to continue the review.
If they moved to Georgia, when did they move?
Also to confirm the durational requirement is met.
And why?
Independent students moving to GA to attend a postsecondary institution are not eligible to be classified as in-state without clear evidence of having established domicile for reasons other than attending a postsecondary institution. (Check employment, college attendance, stated reason for moving to the state, etc.).
Do their actions in the state indicate they are a bona fide resident?
Permanent address Driver’s license/state-issued ID
Vehicle registration Voter registration
Income tax returns

34. Reviewing Applications (3/4)
In addition, the following must be considered for dependent students only:
Has the applicant graduated (or will the applicant graduate) from a Georgia high school? OR
Was the applicant claimed as a dependent on the state or federal income tax return filed by their Georgia-domiciled parent/U.S. court-appointed legal guardian for the most recent tax year?

35. Reviewing Applications (4/4)
Has lawful presence verification been completed using one of approved methods provided on the USG Lawful Presence Verification Methods Chart?
Only those students who have been verified to be lawfully present in the United States may be eligible to be classified as in-state for tuition purposes.

36. PETITIONS AND DOCUMENTATION

37. Petitions - When and Why?
The petition process provides:
Students with the opportunity to provide additional information and documentation to support their claim of eligibility for in-state.
Students who initially attend as out-of-state the opportunity to request reclassification based on a change in their domicile situation.
Students under 24 with the opportunity to request consideration as an independent student and to provide information and documentation to support their request.

38. Tuition Classification Manual
The USG Tuition Classification Manual includes details of how different documents may be considered. It is okay to consider other documents!

39. Examples of Documentation
Letter from a homeless shelter or case worker
Employment Letter
Receipt from moving company
Income Tax Return
Leave Earnings Statement
Vehicle Registration
Homestead Exemption
Lease
Notarized Statements
College Transcripts
Utility Bills
Financial Aid Documents
Letter from K-12 documenting homeless situation
Driver’s License
W-2
Pay Stubs
Rent Receipts
K-12 Report Cards/Transcripts
Voter Registration

41. Independent Students Under 24
Occasionally, students under 24 will request to be considered as an independent student if they do not have a Georgia-domiciled parent/U.S. court- appointed legal guardian.
A student under the age of 24 may be evaluated as an independent student if:
There is no evidence they are claimed as a dependent on the taxes of their parent(s)/U.S. court-appointed legal guardian(s);
AND
There is clear and convincing evidence that they are living financially independent of their parent(s)/U.S. court-appointed legal guardian(s).

42. Independent Students Under 24
If a student under 24 can provide clear and convincing evidence that he or she has sufficient financial resources to live, we can be reasonably assured that he or she is living financially independent of his or her parent(s) or U.S. court-appointed legal guardian(s).

43. Independent Students Under 24
The Annual Federal Poverty Guidelines are a good starting point for determining an approximate dollar amount to feel reasonably confident that a student is living financially independent.

44. Independent Students Under 24
Considerations include:
Local cost of living
Living arrangements
Financial resources such as government assistance, financial aid, room and board provided by a GA-domiciled relative, etc. can be considered.
In this step, you are only determining if a student will be evaluated as a dependent or independent student.

46. VERIFICATION OF LAWFUL PRESENCE

47. BOR Policy 4.3.4
Requires institutions to verify the lawful presence of every student:
Applying to be classified as in-state;
Applying for an out-of-state tuition waiver; or,
Seeking admission to an institution that falls under BOR Policy 4.1.6, Admission of Persons Not Lawfully Present in the United States).
Students not covered by one of the above must not be required to satisfy the lawful presence requirement.

48. Approved VLP Methods Chart

49. Approved Methods - Documentation
Examples of approved documentation:
Certified U.S. Birth Certificate
U.S. Certificate of Naturalization
Current U.S. passport
Current U.S. Permanent Resident card
Current Military I.D. (service member only) – no copies
Current GA driver’s license or state-issued ID issued after January 1, 2008 – no limited term or licenses issued for less than 2 years

50. Approved Methods - FAFSA
Verification based on the result provided by the U.S. DOE for those students applying for Federal Student Aid.
The U.S. DOE verifies as part of the process for determining eligibility for FSA.
Many institutions have automated this process and the majority of their verifications are satisfied through FAFSA.

51. Approved Methods - SEVIS
Verification based on SEVIS (Student and Exchange Visitor Information Program) for students in F, J or M visa status.

52. Approved Methods - SAVE
SAVE is the Systematic Alien Verification for Entitlements program provided by the Department of Homeland Security.
In some cases, noncitizen students cannot be verified using any of the other methods on the chart and SAVE must be used.
In those cases, documentation regarding the student’s status must be requested, reviewed and verified through SAVE.
A student cannot be verified based on immigration documents alone. SAVE MUST be used to verify the documents.

53. Approved Methods - SAVE
Most SAVE results will be straightforward. For example, the system will provide confirmation that a student is in a current visa status.
Sometimes a case will be more complicated and it may be necessary to review multiple documents to get a complete understanding of the student’s status in the United States.
Keep in mind, the SAVE result received will be based on the documentation entered in the system.

54. Approved Methods - SAVE
SAVE does not make a determination of lawful presence according to the policies of an agency. Receiving a result in SAVE does not necessarily mean the student can be considered lawfully present.
Per the August 20, 2012 memo from the USG Office of Legal Affairs, individuals with Deferred Action for Childhood Arrivals (DACA) are not considered lawfully present for the purpose of BOR policies. Individuals presenting documentation or receiving a result in SAVE indicating DACA cannot be considered verified.

55. OUT-OF-STATE
TUITION WAIVERS

56. BOR Out-of-State Waiver Policies
– Out-of-State Tuition Waivers

57. Introduction to the Waivers
Waivers allow qualifying out-of-state students to pay at the in-state tuition rate.
Waiver recipients MUST remain classified as out-of-state while on the waiver.
Students MUST be verified to be lawfully present in the U.S. before an out-of-state tuition waiver is granted.

58. Intro to the Waivers (continued)
8 waiver categories are provided in BOR Policy , Out-of-State Tuition Waivers.
Some waivers…
may be awarded indefinitely
require annual verification for continued eligibility
may be awarded to a spouse and/or children
Students applying based on a parent/U.S. court- appointed legal guardian or spouse must provide documentation of the relationship.

59. Presidential Waivers There are 3 types of Presidential Waivers:
Academic
Athletic (30% cap)
International.
Presidents may award Presidential Waivers at their discretion and in accordance with their approved Presidential Waiver plan.
Authority may be delegated by the president to approved representative(s).

60. Presidential Waiver Limits
The number of waivers in effect must not exceed:
UGA, GIT, GSU, AU
4% of the equivalent full-time students enrolled the fall term immediately prior to the term the out-of-state tuition is to be waived.
All Other Institutions
2% of the equivalent full-time students…
Presidential Waivers may be awarded as partial out-of- state tuition waivers.

61. Economic Advantage Waiver
Based on relocation to GA as a result of accepting an offer of full- time, self-sustaining employment in the state.
Eligible employment must be held at the time the waiver is awarded.
Georgia domicile must be established.
U.S. refugees, asylees, and other eligible noncitizens as defined by the federal Title IV regulations may be extended the same consideration for the waiver as U.S. citizens and permanent residents.

62. Economic Advantage – Non-Citizens
Non-citizens may also be eligible.
Must have entered in a valid, employment-authorized status.
Legally permissible steps to obtain lawful permanent resident status must have been taken.

63. Economic Advantage - Expiration
The waiver expires 12 months from the date the waiver is awarded and it cannot be renewed.
Non-Citizens
Waiver eligibility may continue indefinitely provided:
full-time, self-sustaining employment in Georgia is maintained;
an employment-authorized status is maintained;
there is continued evidence of Georgia domicile; and
there is continued evidence of pursuit of adjustment to LPR.

64. Economic Development
Students are certified by the Commissioner of the Georgia Department of Economic Development as being part of a competitive economic development project.
Institutions receive notification of student eligibility from the USG Office of Economic Development.
Recertification not required provided the student remains continuously enrolled.

65. Career Consular Officials
Career Consular Officers, their spouses and dependent children who are citizens of the foreign nation that their consular office represents and are stationed and living in GA under orders of their government.
Student eligibility must be confirmed annually.

66. Exchange and Study Abroad
Exchange Programs Waiver
Students who enroll in a USG institution as a participant in an international or domestic exchange program that provides reciprocal benefits to USG students.
Study Abroad Waiver
Student enrolling in a USG study-abroad program.
Tuition and fees charged must be consistent with the USG Business Procedures Manual (Section 21.0) procedures.

67. RESOURCES

68. Faculty and Staff Resource Pages

69. Tuition Classification Resource Page

70. VLP Resource Page

71. Contact Us Office of Student Affairs student-affairs@usg.edu
Sarah Wenham
Director of Student Access

72. Thank you!!!