Legal Georgia Resident Requirements
A student is responsible for
registering under the proper residency
classification. Applicants who are classified by
North Georgia College & State University as
out-of-state but wish to qualify as in-state
students must file an
Application for In-state Tuition
with the Office of Registrar.
The burden of proof that the student qualifies as an
in-state student under the regulations of the Board
of Regents of the University System of Georgia rests
with the student.
A person's legal residence is her/his permanent
dwelling place. It is the place where he/she is
generally understood to reside with the intent of
remaining there indefinitely and returning there
when absent. There must be a concurrence of actual
residence and of intent to remain to acquire a legal
residence.
Under the constitution and laws of Georgia, the
Board of Regents of the University System of Georgia
was created to govern, control and manage a system
of public institutions providing quality higher
education for the benefit of Georgia citizens. The
state, in turn, receives substantial benefit from
individuals who are attending or who have attended
these institutions through their significant
contributions to the civic, political, economic and
social advancement of the citizens of the State of
Georgia. Because the overwhelming proportion of
financial support for the operation of the public
institutions of higher education in Georgia comes
from the citizens through the payment of taxes, the
determination of whether a student is classified as
a resident or a nonresident of the state for tuition
purposes becomes a significant matter. The tuition
paid by in-state students covers only about
one-fourth of the total cost of their education in
the University System. Therefore, Georgia taxpayers
are contributing three-fourths of the necessary
funds to provide quality education for the citizens
of the state.
The practice followed by state colleges and
universities of assessing out-of-state students a
higher tuition rate is a rational attempt by states
to achieve a partial cost equalization between those
who have and those who have not recently contributed
to the state's economy, even though there is no
precise way to determine the degree to which higher
tuition charges equalize the cost of educating
in-state and out-of-state students.
The durational residency requirement (usually 12
months) imposed by most, if not all, states is
considered by the courts to be a reasonable period
during which the new resident can make tangible or
intangible contributions to the state before being
allowed the benefit of attending state colleges upon
the payment of in-state fees. Courts, which have
been faced with challenges to residency
classification procedures, have consistently
recognized the right of public institutions of
higher education to charge higher rates to
out-of-state students and to adopt reasonable
criteria for determining the establishment of
in-state status. See Martinez v. Bynum, 51 U.S.L.W.
4524 (Sup. Ct. May 2, 1983, Starnes v. Malkerson,
401 U.S. 985 (1971); Sturgis v. Washington, 368
Supp. 38 (W.D. Wa. 1973) aff'd mem. 414 U.S. 1057
(1973), and Michelson v. Cox, 476 F. Supp. 1315
(S.D. Iowa, 1979).
For the purpose of these regulations, the
question to be answered is not primarily whether a
student is a "resident" or "non-resident" of
Georgia, but rather whether the student meets the
criteria to pay University System fees on an
"in-state" basis. The term "resident" is confusing
because it is susceptible of several meanings as it
relates to voter registration, drivers' licenses,
automobile registration, deeds, contracts, wills,
income taxes and other matters. A student may be a
resident of Georgia for some purposes, but not
entitled to in-state status for tuition purposes.
To be considered as a "resident" for tuition
purposes, one must have been a bona fide legal
resident of Georgia for at least 12 months preceding
the date of registration.
The Board of Regents has adopted certain policies
governing the classification of students as
residents and nonresidents for tuition purposes in
keeping with its responsibilities to the citizens of
Georgia for an appropriate assessment of fees and to
insure that out-of-state students pay a fair and
reasonable share of the cost of their education. The
taxpayers of Georgia are thereby assured that they
are not assuming the financial burden of educating
persons whose presence in the state is not intended
to be permanent.
Out of State Tuition
Waivers
Out of State tuition waivers are
available for certain categories of
students. These are as follows:
- Academic Common Market. Students
selected to participate in a program
offered through the Academic Common
Market.
- International and Superior
Out-of-State Students. International
students and superior out-of-state
students selected by the institutional
president or an authorized
representative, provided that the number
of such waivers in effect does not
exceed 2 percent of the equivalent
full-time students enrolled at the
institution in the fall term immediately
preceding the term for which the
out-of-state tuition is to be waived.
- University System Employees and
Dependents. Full-time employees of the
University System, their spouses, and
their dependent children.
- Full-Time School Employees.
Full-time employees in the public
schools of Georgia or of the Department
of Technical and Adult Education, their
spouses, and their dependent children.
Teachers employed full- time on military
bases in Georgia shall also qualify for
this waiver.
- Career Consular Officials. Career
consular officers, their spouses, and
their dependent children 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.
- Military Personnel. Military
personnel, their spouses, and their
dependent children stationed in Georgia
and on active duty, unless such military
personnel are assigned as students to
System institutions for educational
purposes.
- National Guard Members. Full-time
members of the Georgia National Guard,
their spouses, and their dependent
children.
- 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 Industry, Tourism and
Trade as being part of a competitive
economic development project.
- 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.
- Students in Pilot Programs. Students
enrolled in special pilot programs
approved by the Chancellor.
- Direct Exchange Program Students.
Any international student who enrolls in
a University System institution as a
participant in a direct exchange program
that provides reciprocal benefits to
University System students.
- Families Moving to Georgia. A
dependent student who as of the first
day of the term of enrollment can
provide documentation supporting that
his or her supporting parent or
court-appointed guardian has accepted
full-time, self-sustaining employment
and established domicile in the State of
Georgia for reasons other than gaining
the benefit of favorable tuition rates,
may qualify immediately for an
out-of-state tuition
differential waiver which
will expire 12 months from the date the
waiver was granted. An affected student
may petition for residency status
according to established procedures at
the institution.
- 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 a permanent resident of Georgia.
This waiver may be granted for not more
than one year.
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