The appropriate levels and percentage of support by students and the state and local governments are specified in state law and are provided in state and local appropriations.  Equity in funding requires that the level of tuition and governmental support be computed based upon a student’s place of legal residence except as prescribed by law.  The determination of residence or domicile for tuition purposes is governed by the college’s board of trustees in accordance with state law. 

A.  Legal residence – Legal residence for tuition purposes is based upon a student’s legal domicile for a period not less than three months prior to the first regularly scheduled class of a semester.  Student residency shall be determined to be one of the following:

1. Legal resident of Howard County – in-county tuition rate
2. Legal resident of another Maryland county – in-state tuition rate
3. Out-of-State Residents – out-of-state residents rate

B.  Domicile – Domicile is defined as “a person’s permanent place of abode, where physical presence and possessions are maintained and where he/she intends to remain indefinitely.  For a student to be considered as a Maryland resident of Howard County or another Maryland county for the purposes of this policy, the student must possess the legal capacity under state and federal law to establish Maryland domicile.  Domicile is lost when a new domicile is established for a period of three months at a location outside of the county or state.

C.  Factors in establishing legal residency/domicile – To determine the factual basis for legal residency/domicile provided by the student, the college will consider any of the following factors:

1.  General Requirements

a.  Documented ownership or rental of local living quarters for a period of three or more months.

b.  Substantially uninterrupted physical presence, including the months when the student is not in attendance at the college.

c.  Maintenance in Maryland and in the county of all, or substantially all, of the student’s possessions.

d.  Payment of state and local piggyback income taxes on all taxable income earned outside the state.

e.  Registration to vote in the state and county.

f.  Registration of a motor vehicle, with the local address specified, if the student owns or uses such a vehicle.

g.  Possession of a valid Maryland driver’s license with a local address specified, if the student is licensed anywhere to drive a motor vehicle.

2.  Specific Provisions – In addition to the general requirements, the following provisions apply, including waiver of the three months residency requirement:

a.  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 may be considered residents for tuition purposes.

b.  Military personnel stationed in Maryland and on active duty that did not have a domicile in Maryland at the time of entrance into the armed forces, and their dependents, may be considered residents for tuition purposes.

c.  Members of the Maryland National Guard are entitled to tuition discounts, which vary based upon their legal residence/domicile (in-county – 50% tuition discount; in-state – 25% tuition discount; out of state – 25% tuition discount).

d.  Base Realignment and Closure (BRAC) personnel and their dependents that relocate to Maryland may be considered residents for tuition purposes.  

e.  A student enrolled in a program designated as statewide, health personnel shortage or regional program by the Maryland Higher Education Commission, may be considered a resident for tuition purposes if domiciled in the appropriate region for the program.

f.  A student from outside the state who enrolls as part of a reciprocity agreement negotiated between Maryland and another state may be considered a resident for tuition purposes.

g.  An individual’s immigration status shall not preclude award of Maryland residency under this policy if the individual has the legal capacity to establish domicile in Maryland;  Howard Community College generally considers students with the following immigration statuses as having the legal capacity to establish domicile in the State or Howard County – United States permanent residents (PR); asylees; refugees A, BC, E, G, H1, H4, I, K1, K2, L, N, O, R, SN, T, U, and V.

D.  Verification – At the time of admission or initial enrollment, each student will sign a statement affirming all information regarding legal residency and domicile.  An electronic signature is considered to be as official as one signed on paper.  Students have the burden of proving legal residency and domicile upon request. The college reserves the right to request two or more acceptable documents to verify domicile, one of which must include a government issued photo identification such as a driver’s license, military identification, and/or a passport; photocopied identification is not acceptable.  Additional proof may include, but is not limited to, a lease, income tax returns, and utility bills.  International citizens must show proof of immigration status to be eligible for in-county or in-state rates.   Persons making false statements related to domicile and residency shall be charged the higher tuition rates, including for all tuition previously paid, and can be subjected to college disciplinary measures; they may also be charged with perjury in a criminal action.

E.  Change of Residency – Students are required to officially inform the college in writing when their legal residency and domicile have changed, including any change of address and immigration status.  Verification must be provided upon request. 

F.  Appeal of Tuition Eligibility – A student must contact the Office of Records, Registration & Veterans’ Affairs in writing within the first three weeks of the beginning of each major term or the first week of shorter terms in order to appeal their tuition eligibility; any appeal received later will be processed for the following term.  Prior to enrollment in classes, a prospective student may notify the office of admissions and advising of such changes.  An appeal must be accompanied by evidence justifying such changes. 

G.  Contracted Education and Training – Howard Community College may enter into a contract with any public or private employer or non-profit organization that maintains facilities in the State of Maryland, to provide education or training for public and private sector employees or members for a set contractual fee, in place of payment of tuition and fees under the following conditions:

1. The employee or member is enrolled in credit or noncredit courses that will benefit the employer.
2. The employer or non-profit organization pays the fee charged by the college.
3. The fee reasonably reflects the usual costs borne by students in the same or similar courses.
4. The employer or members under this program shall be treated as any other students in accordance with Maryland Higher Education Commission policies and procedures with the exception of payment of tuition.
5. Contractual arrangements under this section may include customized training as well as employer paid tuition and tuition reimbursement plans.

Policy Manual Review/Revision:  05/14/10