13B.07.02.03

.03 Student Residency Policy.

A. College Policies.

(1) A college board of trustees shall adopt and publish in the college catalog or other public document a policy governing classification of students by domicile for tuition purposes.

(2) The classification of students by domicile shall be in accordance with this chapter.

(3) An individual's immigration status may not preclude award of Maryland residency under this policy if the individual has the legal capacity to establish domicile in Maryland.

(4) A college shall provide in its policy an opportunity for a student to request a change in residency classification or to appeal a current classification.

B. The policy in §A of this regulation shall distinguish at least the following categories of students:

(1) Residents of the county or counties that support the colleges (not applicable to Baltimore City Community College);

(2) Maryland residents from outside the county or counties that support the college (not applicable to Baltimore City Community College); and

(3) Out-of-State residents.

C. Tuition Requirements.

(1) Out-of-State students shall pay tuition in accordance with Education Article, §16-310(a), Annotated Code of Maryland (not applicable to Baltimore City Community College).

(2) Out-of-county or out-of-region students shall pay tuition in accordance with Education Article, §16-310(b), Annotated Code of Maryland.

(3) A student enrolled in a program designed as health manpower shortage, Statewide or regional by the Commission shall be considered a resident for tuition purposes.

D. Contract Authorization (not applicable to Baltimore City Community College).

(1) A college may adopt a policy allowing it to enter into a contract to provide education or training for public or private sector employees or members with a public or private sector employer or nonprofit organization that maintains facilities, operates, or does business in the State. The contract may provide for a set contractual fee in place of payment of tuition under the following conditions:

(a) The employee or member is enrolled in credit or noncredit courses that will benefit the employer or nonprofit organization;

(b) The employer or nonprofit organization pays the fee charged by the college; and

(c) The fee reasonably reflects the usual costs charged to students in the same or similar courses.

(2) Contractual arrangements under this program may include customized training as well as employer-paid or organization-paid tuition and tuition reimbursement plans.

(3) The employees or members enrolled under this program are eligible to be considered Maryland residents for purposes of State aid.

E. A student enrolling in a credit course or a noncredit continuing education course at a college shall indicate by electronic signature or in writing, on a form prescribed by the board of trustees of the college, whether the student is a resident of the State and the county or region (not applicable to Baltimore City Community College).

F. The following students shall be considered to be Maryland residents (not applicable to Baltimore City Community College):

(1) Military personnel and their dependents who have a domicile in Maryland at the time of entrance into the armed forces and who are stationed outside the State;

(2) Military personnel stationed in Maryland and on active duty who did not have a domicile in Maryland at the time of entrance into the armed forces, and their dependents;

(3) A student enrolled in a program designated by the Commission as a health manpower shortage program; and

(4) A student from outside the State who enrolls as part of a reciprocity agreement negotiated between Maryland and another state.

G. Nursing Students.

(1) A student from outside the State who is formally admitted and enrolled in an education program leading to licensure in nursing is considered a resident for tuition and State aid purposes if the student:

(a) Furnishes a surety bond or guaranteed promissory note to the Commission through the college, with security satisfactory to the Commission, that on completion of the nursing education program the student will work full-time in Maryland for at least 2 years in a hospital or related institution, as defined in Health-General Article, §19-301, Annotated Code of Maryland;

(b) Provides the surety bond or promissory note at the time of registration; and

(c) Reports the student's current address and employment status to the Commission each year after the student's graduation until the student's work obligation has been completed.

(2) Each college shall report by December 15 of each year to the Commission the total number of students participating in this program and the total dollar amount for the previous academic year.

H. An individual who the college determines to be a Maryland resident in accordance with this regulation is considered a Maryland resident for purposes of State aid.