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I. Purpose

A. The purpose of this Tuition and Residency Classification Policy (“Policy”) is to establish the authority to set tuition and fees and classifications of student residency for assessment of tuition and/or fees by Anne Arundel Community College (“AACC” or “College”).

B. This Policy further establishes exceptions to the residency requirements for tuition purposes.

II. Scope and Applicability

This Policy applies to prospective and current students.

III. Definitions

A. Armed Forces includes the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, Space Force, and the reserve components thereof.

B. Continuously Enrolled means enrolled in credit course(s) at the College during consecutive Fall and Spring terms. A Student does not have to take courses during the Winter or Summer terms to be considered Continuously Enrolled.

C. Dependent Child means a financially dependent child for purposes of filing taxes with the Internal Revenue Service.

D. Domicile means the permanent place of abode, where physical presence and possessions are maintained with the intention of remaining indefinitely, subject to limitations for students who are not U.S. citizens or lawful permanent residents.

E. Dually Enrolled Public School Student means an individual who is enrolled in a public secondary school in Maryland and is enrolled in a credit or noncredit certificate or license program, course, or sequence of courses that leads to certification or licensure at the College.

F. Fees means institutional charges related to a self-supporting program, registration, application, administration, or laboratory work, including but not limited to, general student fees; fees associated with clinical, fieldwork, or other practicum experiences; and fees for course materials.

G. Foster Care Recipient means an individual who was placed in an out-of-home placement by the Department of Human Services and resided in an out-of-home placement on the individual’s eighteenth (18th) birthday or at the time the individual graduated from high school or successfully completed a GED; or resided in an out-of-home placement on or after the individual’s thirteenth (13th) birthday for at least one (1) year and was placed into guardianship, adopted, or reunited with at least one of the individual's parents. Foster Care Recipient includes a younger sibling of an individual described in this Section if the younger sibling is concurrently placed into guardianship or adopted out of an out-of-home placement by the same guardianship or adoptive family.

H. Homeless Youth means a child or youth who has had a consistent presence in Maryland for at least one (1) year before enrollment at the College that is documented by school, employment, or other records; is not in the physical custody of a parent or guardian; and has been verified as a homeless child or youth, in accordance with federal and state law, at any time during the twenty-four (24) months immediately preceding the Student’s enrollment at the College or while the Student is enrolled at the College by any person authorized by Maryland law.

I. Anne Arundel County Resident is a Student who has attested to maintaining their Domicile in Anne Arundel County in accordance with the criteria in the Section titled Determination of Residency Classification.

J. Other Maryland County Resident is a Student who has attested to maintaining their Domicile in location within Maryland that is not Anne Arundel County in accordance with the criteria in the Section titled Determination of Residency Classification.

K. MHEC is the Maryland Higher Education Commission.

L. Out-of-State Resident is a Student whose Domicile is outside of Maryland.

M. Parent of a Deaf Child means a parent or legal guardian of a deaf or hard of hearing child who is a minor who has hearing loss as determined through a universal newborn hearing screening under Maryland law or a similar screening.

N. Returned Peace Corps Volunteer means a person who has been certified by the Director of the Peace Corps as having served satisfactorily as a Peace Corps volunteer.

O. Residency Classification means a determination by the College that a Student is an Anne Arundel County Resident, Other Maryland County Resident, or Out-of-State Resident for the purpose of charging Tuition and/or Fees to the Student.

P. Servicemember is an active-duty member of the Armed Forces.

Q. Session is a period of time within an AACC term, including Fall, Winter, Spring, and Summer (e.g., a session may be 8 weeks, 13 weeks, 15 weeks, or other period of time, as set forth on the Academic Calendar).

R. Military Sponsor is a member of the Armed Forces upon which a Student is dependent, including spouses and Dependent Children.

S. Student includes a person who is registered in at least one (1) course at the College.

T. Tuition is the basic instructional charge for courses offered at the College and does not include any Fees.

U. Victim of Human Trafficking means an individual who has been recruited, harbored, transported, provided, or obtained for labor, services, or a sexual act through the use of force, fraud, or coercion.

IV. Determination of Tuition and Fees

A. Maryland law grants authority to the Board of Trustees of Anne Arundel Community College (“Board”) to set Tuition and Fees for Students with a view toward making college education available to all qualified individuals at low cost.

B. The Board sets Tuition and Fees for Students registered in credit-bearing courses on an annual basis and may make adjustments as the Board deems necessary on an ad hoc basis.

C. The Board delegates authority to the President or designee to set the Tuition and Fees for non-credit bearing courses, based on market conditions and the costs associated with specific non-credit courses or programs, including the authority to set additional Fees for non-credit courses based on the Student’s Residency Classification.

V. Determination of Residency Classification

A. Subject to any exception set forth in the Exceptions Section, a Student will be charged Tuition according to the Student’s Residency Classification as one of the following:

1. Anne Arundel County Resident;

2. Other Maryland County Resident; or

3. Out-of-State Resident.

B. Residency Classification is determined upon admission to the College or upon registration in the Student’s first class at the College.

C. Upon request of the College, a Student must provide documentation to establish their Residency Classification or the College may classify the Student as an Out-of-State Resident.

D. The College will maintain processes for a Student to petition or apply for a change in Residency Classification or to appeal the Student’s current Residency Classification or application of an exception or waiver.

1. A Student seeking an exception has the responsibility to submit a petition or application for change of Residency Classification and provide appropriate documentation to establish that an exception to the Residency Classification that applies to the Student as set forth in the Exceptions Section.

2. A Student seeking a waiver of Tuition and/or Fees has the responsibility to provide appropriate documentation to establish that the Student qualifies for a waiver as set forth in the Waiver Section and must comply with any applicable processes, procedures and law.

3. Upon receipt of a petition or application for a change in Residency Classification or for a waiver, the College will review and determine whether the change or waiver will be granted.

4. If the change or waiver is granted, the new Residency Classification or waiver will be made effective as of the current term and/or future terms but will not be applied retroactively to any term that has ended prior to the petition or application being submitted.

E. Anne Arundel County Resident. A Student will be classified as an Anne Arundel County Resident if:

1. The Student has maintained Domicile in Anne Arundel County for at least three (3) months before the first day of the session in which the Student has registered;

2. Another person maintaining Domicile, for at least three (3) months before the first day of the session in which the Student has registered, in Anne Arundel County contributed more than one-half (1/2) of the Student’s financial support during the most recent completed tax year; or

3. The Student is receiving an Edward T. Conroy Memorial Scholarship from MHEC and is Domiciled in Anne Arundel County before the first day of the session in which the Student has registered regardless of the length of residency.

F. Other Maryland County Resident. A Student will be classified as an Other Maryland County Resident if:

1. The Student has maintained Domicile in a location within Maryland other than Anne Arundel County for at least three (3) months before the first day of the session in which the Student has registered;

2. Another person, maintaining Domicile for at least three (3) months before the first day of the session in which the Student has registered in a location within Maryland other than Anne Arundel County, contributed more than one-half (1/2) of the Student’s financial support during the most recent completed tax year;

3. The Student is receiving an Edward T. Conroy Memorial Scholarship from MHEC and is Domiciled in a location within Maryland other than Anne Arundel County before the first day of the session in which the Student has registered, regardless of the length of residency; or

4. The Student is a Returned Peace Corps Volunteer and is Domiciled in Maryland before the first day of the session in which the Student has registered.

G. Out-of-State Resident. A Student will be classified as an Out-of-State Resident if the Student does not meet the criteria for being an Anne Arundel County Resident or an Other Maryland County Resident, unless an exception or waiver applies to the Student.

VI. Exceptions

A. Servicemembers and Their Spouses and Dependent Children

1. A Student who is a Servicemember will be classified as an Anne Arundel County Resident, regardless of the Student’s Domicile, duty station, or residence.

2. A Student who has a Military Sponsor will be classified as follows:

a. As an Anne Arundel County Resident if the Student’s Military Sponsor currently resides in Anne Arundel County, regardless of the length of residency; or

b. As an Other Maryland County Resident if the Student’s Military Sponsor currently resides in a location within Maryland that is not Anne Arundel County, regardless of the length of residency.

3. A Student classified as an Anne Arundel County Resident or Other Maryland County Resident based on a Military Sponsor’s residency will maintain the Residency Classification assigned as long as the Student remains Continuously Enrolled at the College.

4. If there is a break in enrollment, the College may re-assess the Student’s Residency Classification at the time the Student re-enrolls at the College.

B. Maryland National Guard, Veterans, Eligible Transferees of Benefits, and Survivors’ and Dependents Educational Assistance Program

1. The following will be classified as an Anne Arundel County Resident if the Student resides in Anne Arundel County before the first day of the session in which the Student has registered, regardless of the length of residency:

a. A Student who is a qualified member of the Maryland National Guard;

b. A Student who is an honorably discharged veteran of the Armed Forces;

c. A Student who is receiving educational benefits pursuant to the Montgomery G.I. Bill®* or Post-9/11 GI Bill®*;

d. A Student who is entitled to rehabilitation under 38 U.S.C. § 3102(a);

e. A Student who is receiving a Marine Gunnery Sergeant John David Fry Scholarship; or

f. A Student who is receiving Survivors’ and Dependents Educational Assistance (“DEA”) program.

2. A Student who meets the criteria listed in this Section but does not reside in Anne Arundel County before the first day of the session in which the Student has registered will be classified as an Other Maryland County Resident, even if the Student resides outside of Maryland.

3. A Student classified as an Anne Arundel County Resident or Other Maryland County Resident based on being a qualified member of the Maryland National Guard will maintain the Residency Classification assigned as long as the Student is a qualified member of the Maryland National Guard.

4. A Student classified as an Anne Arundel County Resident or Other Maryland County Resident based on any other criteria in this Section will maintain the Residency Classification assigned as long as the Student remains Continuously Enrolled at the College. If there is a break in enrollment, the College may re-assess the Student’s Residency Classification at the time the Student re-enrolls.

C. Public School Teachers

1. A Student who is an Anne Arundel County public school teacher who registers for a course required for employment or a course or program that maintains or improves skills required for employment will be classified as an Anne Arundel County Resident, even if residing outside of Anne Arundel County.

2. A Student who is a public school teacher at a school located in Maryland but outside of Anne Arundel County who registers for a course required for employment will be classified as an Other Maryland County Resident, even if residing outside of Maryland.

3. A Student classified as an Anne Arundel County Resident or Other Maryland County Resident based on being a public school teacher will maintain the Residency Classification assigned as long as the Student remains employed by the public school and is taking a course(s) that is required for employment or maintains or improves skills required for employment.

D. Undocumented Immigrants

1. A Student’s immigration status does not preclude a determination of an In-County or In-State Residency Classification if the Student has the legal capacity to establish Domicile in Maryland.

a. In accordance with the Maryland Dream Act, a Student who is an undocumented immigrant who meets the criteria for a qualified student set forth in Maryland law will be classified as an Anne Arundel County Resident if:

i. The address used on the Student’s or the Student’s parent’s or legal guardian’s Maryland income tax return for the calendar year prior to the academic year in which the rate would apply is in Anne Arundel County;

ii. The secondary school from which the Student graduated is located in Anne Arundel County; or

iii. In the case of a Student who received the equivalent of a high school diploma in the State, the secondary school most recently attended by the Student is located in Anne Arundel County.

b. A Student who is an undocumented immigrant who meets the criteria for a qualified student to receive in-state residency set forth in Maryland law will be classified as an Other Maryland County Resident.

c. A Student has to reapply for the Residency Classification established under this Section on an annual basis, or the Student may be classified as an Out-of-State Resident.

2. This Section does not apply to a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15).

E. Nursing Students. Unless the Maryland Secretary of Health determines there is no shortage of nurses, a Student who maintains a Domicile outside of Maryland who registers for an education program that leads to licensure in nursing will be classified as an Anne Arundel County Resident if, at the time of registration, the Student submits a surety bond or promissory note satisfactory to MHEC, stating that upon completion of the nursing program, the Student agrees to work full-time in Maryland for at least two (2) years at a hospital or related institution, as defined under Maryland law.

F. Designated Health Occupation Shortage Programs. A Student who maintains a Domicile within Maryland but outside of Anne Arundel County who enrolls in a course required for a program designated by MHEC as a health manpower shortage program will be classified as an Anne Arundel County Resident.

G. Designated Statewide Programs. A Student who maintains a Domicile within Maryland but outside of Anne Arundel County who enrolls in a course required for a program designated by MHEC as a statewide or regional program will be classified as an Anne Arundel County Resident.

H. Reciprocity Agreements with Other States. A Student who maintains a Domicile outside of Maryland who registers at the College as part of a reciprocity agreement negotiated between Maryland and the other state will be classified as an Other Maryland County Resident.

I. Victim of Human Trafficking. A Victim of Human Trafficking who provides evidence of such status as set forth in Maryland law will be classified as an Anne Arundel County Resident.

J. Contract Authorization

1. The Board delegates authority to the President or designee 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.

2. 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 registered in credit or noncredit courses at the College 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.

d. The contract may include customized training as well as employer-paid or organization-paid tuition and tuition reimbursement plans.

K. Other Exceptions Required by Law. A Student may qualify for any other exception provided under Maryland law.

VII. Waivers

A. A Student may qualify for a full waiver of Tuition and Fees if the Student:

1. Is a Foster Care Recipient who meets the criteria for a qualified student set forth in Maryland law; or

2. Is a Homeless Youth who meets the criteria for a qualified student set forth in Maryland law.

B. A Student may qualify for a full waiver of Tuition if the Student:

1. Maintains a Domicile in Maryland, is 60 years of age or older, and the course enrolled in is eligible for State support, subject to course space availability;

2. Is a full-time faculty or staff member of the College or the spouse or Dependent Child of a full-time faculty or staff of the College; or

3. Is a part-time faculty member of the College.

C. A Student who is a regular part-time staff member of the College or is the spouse or Dependent Child of a regular part-time staff member of the College may qualify for a waiver of fifty percent (50%) of Tuition, subject to some course restrictions.

D. A Student may qualify for a full waiver of Tuition if the Student maintains a Domicile in Maryland and is certified as out of the work force by reason of total and permanent disability and who provides evidence of such status in accordance with Maryland law, for a maximum of six (6) credits per semester or twelve (12) credits per semester if the Student is registered in classes as part of a degree or certificate program designed to lead to employment (no limit applies to continuing education instruction designed to lead to employment, including life skills instruction).

E. A Parent of a Deaf Child may qualify for a waiver of all Tuition and Fees for enrollment in one (1) course that teaches a language and communication mode, as defined by Maryland law, at the College.

F. A Student who is a qualified member of the Maryland National Guard may qualify for a waiver of fifty percent (50%) of Tuition.

G. A Student may qualify for any other waiver(s) provided under Maryland law.

VIII. Dual Enrollment

A. The College will not charge Tuition or Fees to a Dually Enrolled Public School Student.

B. The College will charge Tuition and Fees to the county board for the public school in the county where the Dually Enrolled Public School Student attends school in accordance with any Memorandum of Understanding between the county board and the College or as required by Maryland law.

C. If the county board agrees to pay the Tuition and Fees for courses that do not qualify as credit or noncredit certificate or license programs, courses, or sequence of courses that leads to certification or licensure on behalf of a public school student in a Memorandum of Understanding, the College will charge Tuition and Fees for such courses to the county board rather than the Student.

*38 U.S.C.A. § 3679(c). GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government Web site for Veteran’s Benefits.

Policy Title: Tuition and Residency Classification Policy

Policy Category: Student Affairs

Policy Owner: Vice President of Learner Support Services

Policy Administrator: Dean of Enrollment Services

Contact Information: Dr. John Grabowski, jfgrabowski@aacc.edu; 410-777-2231

Approval Date: June 13, 2023

Effective Date: July 1, 2023

History: Adopted January 11, 2005; Revised April 12, 2011; June 9, 2015; September 13, 2016; May 8, 2018, Interim Policy adopted July 1, 2022; Adopted June 13, 2023

Applies to: All College prospective and current students.

Related Policies: N/A

Related Procedures: N/A

Forms/Guidelines: N/A

Relevant Laws: Md. Code, Educ., § 15-106 et. seq.
Md. Code, Educ., § 15-127
Md. Code, Educ., § 16-106
Md. Code, Educ., § 16-310
38 U.S.C. § 3679
42 U.S.C. § 11301 et. seq.
COMAR 13B.02.02.23
COMAR 13B.07.02.03
COMAR 13B.07.02.04
COMAR 13B.02.03.26