University System of Georgia

University System of Georgia Tuition Classification Workshop March 10, 2009 Kimberly Ballard-Washington, Assistant Vice-Chancellor for Legal Affairs Tonya Lam, Associate Vice Chancellor for Student Affairs Cori Loftis, Project and Communications Manager Sarah Wenham, Director of Student Access

Topics • Changes to: • Classification of Students for Tuition Purposes Policy (403.02) • Out-of-State Tuition Waiver Policy (704.041) • Tools for Self-Audit • Review of Resources • Questions and Answers

Classification of Students for Tuition Purposes • Changes approved during August 2008 Board meeting • Changes align policy with Georgia law (SB 492 which became O.C.G.A. 20-3-66)

What Were the Changes? • The following terms are now defined in law and therefore became part of policy: • Dependent Student • Emancipated • Independent Student • Other minor wording and organizational changes.

More information • GC 20-3-66 can be viewed by going to the Georgia General Assembly website at http://www.legis.state.ga.us/ • Click on “Georgia Code” • Click “OK-Close” • In the search box enter “20-3-66” • Click “Search”

Out-of-State Tuition Waivers • Changes approved during October 2008 and February 2009 Board meetings • 10 Waivers Impacted: • Economic Advantage (P) • Recently Separated Military Personnel (Q) • Nonresident Student (R) • Vocational Rehabilitation (S) • Military Personnel (approved Feb 2009) • Full-time School Employees (E) • Border County Residents (I) • National Guard Members (J) • Students in Pilot Programs (M) • Domestic Exchange Program • Participants (O)

Full-time School Employee(Waiver E) 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.

Border County Residents(Waiver I) Students domiciled in an out-of-state county bordering Georgia, enrolling in a program offered at a location approved by the Board of Regents and for which the offering institution has been granted permission to award Border County waivers. The list of approved locations and bordering counties is available online at - http://www.usg.edu/student_affairs/tuition_status/border_waivers.pdf

Georgia National Guard and U.S. Military Reservists(Waiver J) 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.

Students in Pilot Programs(Waiver M) Students in Pilot Programs. Terminated October 2008.

International and Domestic Exchange Programs(Waiver O) 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.

Economic Advantage(Waiver P) Independent Non-Citizens These individuals would be required to show clear evidence of having taken all 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.

Recently Separated Military Service Personnel (Waiver Q) 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 also be granted to their spouses and dependent children. This waiver may be granted for not more than one year.

Nonresident Student (con’t)(Waiver R) Independent Student (receive waiver based on spouse) If the student can provide clear and legal evidence showing relations 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. This waiver can remain in effect as long as the student remains continuously enrolled. Note: it is no longer a requirement that an independent student applying for the waiver based on marriage to a spouse with GA domicile be married for a period of 12 months immediately proceeding the first day of classes.

Vocational Rehabilitation (Waiver S) Students enrolled in a University System of Georgia institution based on a referral by the Vocational Rehabilitation Program of the Georgia Department of Labor.

Military Personnel(Waiver G) 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:

Military Personnel(Waiver G) a) the military sponsor is reassigned outside of Georgia, and the student(s) remain(s) continuously enrolled and the military sponsor remains on 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) 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.

Tools for Self-Audit Auditing Tuition Classification Changes • Use ZSRTUIC script • Auditor recommendations: • Run ZSRTUIC at least once a semester, preferably as close to the start of the semester as possible. • Randomly select and audit at least 10% of files with tuition classification changes. • Keep documentation that the audit was completed. • Audit should be completed by someone other than the one making the initial decision. • Also regularly run exception reports. Examples: • Those classified as “in-state” but with non-Georgia state of residence on ZOARESI. • Those classified as “in-state” but with “non-resident alien” on SPAPERS.

Tools for Self-Audit Auditing Waivers • Create and run reports to identify those awarded waiver for term • Auditor recommendations: • Run reports at least once a semester, preferably as close to the start of the semester as possible. • For each type of waiver awarded, randomly select and audit at least 10% of the files awarded that waiver (not 10% of all waivers awarded). • Keep documentation that the audit was completed. • Audit should be completed by someone other than the one making the initial decision.

Resources Tuition Classification Resource Page-http://www.usg.edu/student_affairs/tuition_status/ • Updated sample petition form • Updated sample waiver forms • Updated Manual (coming soon) • This presentation (coming soon) • FAQs from workshop (coming soon) • Information on ZSRTUIC script

Question/Scenario 1 Are Reservists eligible for an out-of-state tuition waiver? If so, what documentation can be considered to award the waiver?

Answer 1 Waiver J can now be awarded to active members of units of the U.S. Military Reserves based in Georgia, their spouses and their dependent children. Documentation A copy of the military orders should reflect the unit of assignment, duty location and duty status for the military member. In addition to the military orders… A spouse should provide a copy of the marriage certificate to receive the waiver based on his/her marriage to the military member. A dependent child should provide a copy of their birth certificate or legal guardianship court papers to document their relationship with the military member.

Question/Scenario 2 The New GI Bill allows institutions to participate in the Yellow Ribbon Program to waive a portion of the difference between the highest in-state undergraduate tuition at any public institution in the state and the tuition charged an out-of-state student or graduate student at their institution. Is the Board of Regents intending to create a waiver for this program?

Answer 2 We are currently gathering more information on the Yellow Ribbon Program and will be exploring how to handle the waiving of fees as a result of the program.

Question/Scenario 3 We have a small number of students that have lived the majority of their lives in Georgia, but a parent is active-duty military. Given that this is the only flag for non-resident status, can we accept a copy of a Pay Voucher/Leave Earnings Statement (LES) and a copy of their Georgia Form 500 instead of requiring the entire petition? This would aid our customer friendliness to our military families.

Answer 3 If an applicant indicates on his/her application that his/her parent is active military, he/she can be considered for a military waiver. There is no need to require a petition.

Question/Scenario 4 • How long can a student receive the Mandatory Fee Waiver for U.S. Military Reserve and Georgia National Guard Combat Veterans? • How often should a student be required to submit documentation to renew this waiver? • What documentation should be provided for a student to be eligible for this waiver?

Answer 4 (Part 1) The mandatory fee waiver applies to the following: Georgia residents who are or were active members of the U.S. Military Reserves and/or the Georgia National Guard and were deployed overseas for active service in a location or locations designated by the U.S. Department of Defense as combat zones on or after September 11, 2001 and… • …served for a consecutive period of 181 days. Updated documentation to confirm the continued active status should be reviewed each term. OR • …who received full disability as a result of injuries received in such combat zone. After the initial determination is made that the student meets the requirements, subsequent review is not necessary. OR • …were evacuated from such combat zone due to severe injuries during any period of time while on active service. After the initial determination is made that the student meets the requirements, subsequent review is not necessary.

Answer 4 (Part 2) Documentation would include the following: • A copy of the military ID (front and back) • A copy of the deployment DD-214 • A copy of the deployment orders and returning orders, or a letter from the commanding officer to show that the student was in the appropriate zone during/for the appropriate time.

Question/Scenario 5 When can a military member, their dependent children and/or spouses be classified as in-state?

Answer 5 A military member may only be classified as in-state if their home-of-record is Georgia and they meet all other requirements for in-state classification. A military member’s home of record is typically where they pay state income taxes (if required by that state). The home of record is normally where they originally enlisted; however, it is possible for a military member to change their home of record while they are enlisted. Documentation which typically provides the home of record includes: • Military orders showing home of record at time of enlistment • Monthly Leave and Earnings Statement (LES) if active duty • DD2058 (State of Legal Residence Certificate) shows home of record if changed following the issuance of the military orders • DD214 (Certificate of Release or Discharge from Active Duty) shows home of record at time of discharge

Question/Scenario 6 Scenario: • Family lives in GA and student is a graduate of GA high school • Parents are married and file a Joint Federal Income Tax Return. • One parents is a military service member, does not file state taxes at all and is not stationed in Georgia • The other parent files a GA 500 as a resident, but only on their income, no dependents listed • Income is evenly distributed, so family is paying state income tax on roughly half the household income.

Answer 6 According to policy 403, a dependent student may be classified as in-state based on their parent 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;

Question/Scenario 7 Scenario: • One of the student’s parents lives in another state and the other is domiciled in Georgia. • Parents alternate claiming the child as a dependent on the tax returns each year. • Student did not graduate from a Georgia high school.

Answer 7 • If the student was claimed on the last year’s tax return of the parent domiciled in Georgia, the student could be classified as in-state. • If the student was claimed on the last year’s tax return of the parent domiciled elsewhere, the student could be awarded the Non-Resident Student waiver.

Question/Scenario 8 What does it mean to be continuously enrolled?

Answer 8 A student who makes satisfactory academic progress toward completion of a degree, diploma, or certificate program of study at a public postsecondary educational institution or accredited, bona fide study abroad program in the State of Georgia without a break in enrollment of more than one traditional academic semester (fall or spring). A student who is not enrolled for two or more consecutive traditional academic semesters is not considered to be a continuously enrolled student

Question/Scenario 9 Under what circumstances can a student who is under the age of 24 be considered as an independent student?

Answer 9 A student under the age of 24 is assumed to be dependent unless they prove otherwise. In order to show they are independent, a student must show that they are not receiving major support from sources out-of-state. This could include: • Providing a copy of their parent’s tax returns showing that they were not claimed as a dependent on their taxes • If employed, W-2s and/or tax returns for the student to show that they earned an income in the state of Georgia • Other sources of support that can be considered: • Public assistance

Question/Scenario 10 Can a student under the age of 24 be classified as in-state if their parents are domiciled out-of-state but they live with a relative domiciled in Georgia who is providing all of their support? Are there any waivers that would apply to this situation?

Answer 10 Unless the relative was established as the United States court-appointed legal guardian prior to the student’s 18th birthday, the student cannot be classified as in-state based on the support coming from the relative. There are no waivers which would apply to this situation.

Question/Scenario 11 With the current economic situation, more adults are returning to Georgia in order to live with relatives after losing their out-of-state employment. Is there a way to provide a waiver for these students?

Answer 11 Unless the individual meets the requirements for one of the already available waivers, he/she would not be eligible for an out-of-state tuition waiver. Given the current budget situation, it is unlikely that any new waivers will be added at this time.

Question/Scenario 12 Due to the current economy, we are seeing an increasing number of unemployed students, some of whom are stating they have been informed by tax preparers that they should not bother completing a tax return. What other documentation can students in this situation provide?

Answer 12 The burden of proof is on the student to provide evidence that supports their claim that they are domiciled in Georgia but it is acceptable to be creative in the documentation that you require as long as you feel that the documentation is sufficient to prove that domicile has been established and maintained for the 12 months immediately preceding the first day of classes. Alternative documentation may include: • Documentation that the student has been receiving unemployment benefits. • Previous tax returns showing that they filed as a Georgia resident. • Previous W-2 forms showing that they were previously employed in Georgia and paying Georgia taxes. • Be creative in the things you consider! You need documentation that supports domicile has been established.

Question/Scenario 13 Is a student who moves to Georgia and then accepts employment eligible to receive the Economic Advantage waiver?

Answer 13 The Economic Advantage Waiver can only be granted to a dependent or independent student who can provide clear evidence that the student or the student's parent, spouse, or U.S. court-appointed legal guardian has moved to the State of Georgia to accept full-time, self-sustaining employment and has established domicile in the State of Georgia.

Question/Scenario 14 In order to be awarded the Economic Advantage waiver, what types of documentation should be submitted by students who have applied for legal permanent resident status? How often should this waiver be reviewed?

Answer 14 • Form I-94 (Arrival/Departure Record) • Form I-797 (Notice of Action) This will be a receipt notice for an application for Lawful Permanent Residence (Adjustment of Status) or the notice that the benefit/status has been granted. The I-797 will note that the application was an I-485 and the student should be listed as a beneficiary. • Form I-688B (Employment Authorization Document) – Card must be annotated that the “Provision of Law is 274a 12(c)(9)”. • Form I-766 (Employment Authorization Document) showing code (c)9 or (c)09.

Question/Scenario 15 Can the Direct Exchange waiver be awarded to a student visiting a USG institution as part of the program if the USG institution is not sending one of their students to the sending institution?

University System of Georgia