2013 Maryland Code
EDUCATION
§ 15-106 - Waiver of tuition and room and board

§15-106.

Each governing board shall develop a policy for the waiver of tuition, and may develop a policy for the waiver of room and board, for faculty and employees of public institutions of higher education and their children who attend public institutions of higher education in the State.

§ 15-106 - 1. Tuition exemption for foster care recipients

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) (i) "Foster care recipient" means an individual who:

1. Was placed in an out-of-home placement by the Maryland Department of Human Resources; and

2. A. Resided in an out-of-home placement in the State at the time the individual graduated from high school or successfully completed a general equivalency development examination (GED); or

B. Resided in an out-of-home placement in the State on the individual's 13th birthday and was adopted out of an out-of-home placement after the individual's 13th birthday.

(ii) "Foster care recipient" includes a younger sibling of an individual described in subparagraph (i) of this paragraph if the younger sibling is concurrently adopted out of an out-of-home placement by the same adoptive family.

(3) "Out-of-home placement" has the meaning stated in § 5-501 of the Family Law Article.

(4) (i) "Tuition" means the charges imposed by a public institution of higher education for enrollment at the institution.

(ii) "Tuition" includes charges for registration and all fees required as a condition of enrollment.

(b) In general. --

(1) Except as provided in paragraph (2) of this subsection, a foster care recipient is exempt from paying tuition at a public institution of higher education if:

(i) The foster care recipient is enrolled at the institution on or before the date that the foster care recipient reaches the age of 25 years;

(ii) The foster care recipient is enrolled as a candidate for an associate's degree or a bachelor's degree; and

(iii) The foster care recipient has filed for federal and State financial aid by March 1 each year.

(2) If a foster care recipient receives a scholarship or grant for postsecondary study and is enrolled before the recipient's 25th birthday as a candidate for an associate's degree or bachelor's degree at a public institution of higher education, the foster care recipient may not be required to pay the difference between the amount of the scholarship or grant and the amount of the tuition.

(3) A foster care recipient who is exempt from tuition under this section continues to be exempt until the earlier of:

(i) 5 years after first enrolling as a candidate for an associate's degree or a bachelor's degree at a public institution of higher education in the State; or

(ii) The date that the foster care recipient is awarded a bachelor's degree.

§ 15-106 - 2. Waiver of residency requirement for public school teacher

(a) "Residency requirement" defined. -- In this section, "residency requirement" means the requirement of a public senior higher education institution that a student has resided in the State for 1 year to be considered a resident and receive in-State tuition status.

(b) Waiver. -- For tuition purposes, a public senior higher education institution shall waive the in-State residency requirement for a public school teacher employed by a county board if:

(1) (i) The course or program is required by the State or the county board to maintain the teacher's present position with the county board; or

(ii) The course or program maintains or improves skills required by the county board in the teacher's current position;

(2) The teacher resides in this State and is employed as a full-time public school teacher; and

(3) The teacher has been employed as a public school teacher in the State for less than a year.

(c) Exception. -- A public school teacher is responsible for the difference between in-State and out-of-state tuition if:

(1) The teacher resigns or is terminated from employment with the county board; and

(2) The teacher remains enrolled in the course or program at an institution of higher education during the teacher's first year as a Maryland resident.

§ 15-106 - 3. National Guard students

(a) "National Guard student" defined. -- In this section, "National Guard student" means a student who is enrolled in a public institution of higher education and is a member of the United States National Guard.

(b) Withdrawal from courses under certain circumstances. -- A public institution of higher education shall allow a National Guard student to withdraw from courses the National Guard student is currently enrolled in without negative consequences to the National Guard student's academic standing if the National Guard student's unit is activated and deployed.

(c) Assistance in completing courses. -- A public institution of higher education shall try to assist the National Guard student in completing the course requirements by either:

(1) Giving the National Guard student a grade of incomplete and working with the National Guard student and the student's instructor on a program of independent study; or

(2) Transferring the National Guard student to an on-line course of instruction offered at an institution such as:

(i) The University of Maryland University College's Distance Education Courses; or

(ii) The Southern Regional Education Board's Electronic Campus.

§ 15-106 - 4. Exemption from paying nonresident tuition for certain military personnel, spouses, and dependents

(a) Scope. -- This section applies to the following individuals:

(1) An active duty member of the United States armed forces;

(2) The spouse of an active duty member of the United States armed forces;

(3) A financially dependent child of an active duty member of the United States armed forces;

(4) An honorably discharged veteran of the United States armed forces; or

(5) A member of the National Guard as defined in § 13-405(a)(3) of the Public Safety Article.

(b) Exemption from paying nonresident tuition. -- Notwithstanding any other provision of this article, an individual described in subsection (a) of this section who attends a public institution of higher education in the State is exempt from paying nonresident tuition at a public institution of higher education in this State if:

(1) The active duty member referred to in subsection (a) of this section:

(i) Is stationed in this State;

(ii) Resides in this State; or

(iii) Is domiciled in this State;

(2) The honorably discharged veteran presents the following documentation within 4 years after the veteran's discharge:

(i) Evidence that the veteran attended a public or private secondary school in this State for at least 3 years; and

(ii) Documentation that the veteran graduated from a public or private secondary school in this State or received the equivalent of a high school diploma in this State; or

(3) The National Guard member described in subsection (a)(5) of this section is a member of the Maryland National Guard and joined or subsequently serves in the Maryland National Guard to:

(i) Provide a Critical Military Occupational Skill; or

(ii) Be a member of the Air Force Critical Specialty Code as determined by the National Guard.

(c) Exemption from paying nonresident tuition -- Spouse or dependent child. -- Notwithstanding any other provision of this article, a spouse or financially dependent child of an active duty member who enrolls as an entering student in a public institution of higher education and is exempt from paying nonresident tuition under subsection (b) of this section shall continue to be exempt from paying nonresident tuition if:

(1) The active duty member no longer meets the requirements of subsection (b)(1) of this section; and

(2) The spouse or financially dependent child remains continuously enrolled at the public institution of higher education.

(d) Regulations. -- The Commission shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.

§ 15-106 - 5. Tuition increase prohibited for 2006 academic year.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Academic year" means the period commencing with the fall semester and continuing through the immediately following summer session at a public senior higher education institution.

(3) "Governing board" means:

(i) The Board of Regents of the University System of Maryland; and

(ii) The Board of Regents of Morgan State University.

(4) "Public senior higher education institution" has the meaning stated in § 10-101(m)(1) and (2) of this article.

(5) (i) "Tuition" means the charges approved by the governing board of a public senior higher education institution that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student's degree program, field of study, or selected courses.

(ii) "Tuition" does not include:

1. Fees that are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student's degree program, field of study, or selected courses;

2. Fees dedicated to support auxiliary enterprises and other self-funded activities of a public senior higher education institution; or

3. A fee required only for enrollment in a specific degree program, field of study, or course when that fee is not required of undergraduate resident students at the public senior higher education institution for enrollment in other degree programs, fields of study, or courses.

(b) In general. -- Notwithstanding any other provision of law, for the academic years beginning in the fall of 2006 and 2007 only, a governing board may not approve, and a public senior higher education institution may not impose, an increase in the tuition charged for an academic year to a resident undergraduate student at the institution over the amount charged for tuition at the institution in the preceding academic year.

§ 15-106 - 6. Higher Education Investment Fund.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Fund" means the Higher Education Investment Fund.

(3) "Public Senior Higher Education Institution" has the meaning stated in § 10-101(m) of this article.

(4) "Trust Account" means the Tuition Stabilization Trust Account.

(5) "Tuition" means the charges and fees approved by the governing board of a public senior higher education institution which are required of all undergraduate resident students by the institution as a condition of enrollment regardless of the student's degree program, field of study, or selected courses.

(b) In general. --

(1) There is a Higher Education Investment Fund.

(2) The purpose of the Fund is to:

(i) Invest in public higher education and workforce development; and

(ii) Keep tuition affordable for Maryland students and families.

(3) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(4) The Treasurer shall hold the Fund and the Comptroller shall account for the Fund.

(5) The proceeds of the Fund shall be invested and reinvested.

(6) Any investment earnings shall be paid into the Fund.

(7) The Fund consists of:

(i) Money appropriated in the State budget for the Fund; and

(ii) Any other money from any other source accepted for the benefit of the Fund.

(8) The Commission shall administer the Fund.

(9) Money in the Fund may be expended only:

(i) To supplement General Fund appropriations to research institutes of the University System of Maryland and public senior higher education institutions;

(ii) For capital projects for research institutes of the University System of Maryland and public senior higher education institutions;

(iii) For workforce development initiatives administered by the Commission; and

(iv) For initiatives to address higher education needs related to the United States Department of Defense Base Realignment and Closure process.

(10) Expenditures from the Fund may be made only in accordance with an appropriation approved by the General Assembly in the annual State budget.

(c) Tuition Stabilization Trust Account. --

(1) Within the Fund there is a Tuition Stabilization Trust Account.

(2) (i) The Trust Account is established to retain revenues for stabilizing tuition costs for resident undergraduate students.

(ii) In years of increasing corporate tax revenues that are allocated to the Fund under § 2-613.1 of the Tax - General Article, funds shall be deposited into the Trust Account.

(iii) Funds in the Trust Account shall be used only to stabilize tuition at public senior higher education institutions.

(iv) It is the goal of the State that any increase in resident undergraduate tuition and academic fees at public senior institutions of higher education in any given year should be limited to a percent not to exceed the increase in the 3-year rolling average of the State's median family income.

(3) The Trust Account consists of:

(i) Money appropriated in the State budget for the Trust Account; and

(ii) Any other money from any other source accepted for the benefit of the Trust Account.

(4) A balance of between 1% and 5% of resident undergraduate tuition revenues received by public senior higher education institutions in the prior fiscal year should be maintained in the Trust Account.

(5) Money in the Trust Account may be expended only to supplement General Fund appropriations to public senior higher education institutions for the purpose of stabilizing tuition costs of resident undergraduate students.

§ 15-106 - 7. Exemption from nonresident tuition for children of State or local public safety employees [Effective until July 1, 2013.]

(a) "State or local public safety employee" defined. -- In this section, "State or local public safety employee" has the meaning stated in § 18-601(a)(4) of this article.

(b) Exemption. -- A son or a daughter of a State or local public safety employee who is eligible for a scholarship in accordance with § 18-601(d)(3)(iii) of this article is exempt from paying the nonresident tuition rate at a public institution of higher education.

(c) Policies. -- The governing board of each public institution of higher education, in consultation with the Commission, shall adopt appropriate policies to implement the provisions of this section.

§ 15-106 - 7. Exemption from nonresident tuition for children of State or local public safety employees [Effective July 1, 2013].

(a) "State or local public safety employee" defined. -- In this section, "State or local public safety employee" has the meaning stated in § 18-601(a)(5) of this article.

(b) Exemption. -- A son or a daughter of a State or local public safety employee who is eligible for a scholarship in accordance with § 18-601(d)(3)(iii) of this article is exempt from paying the nonresident tuition rate at a public institution of higher education.

(c) Policies. -- The governing board of each public institution of higher education, in consultation with the Commission, shall adopt appropriate policies to implement the provisions of this section.

§ 15-106 - 8. Exemption from nonresident tuition for qualified children of undocumented immigrants.

(a) "Individual" defined. -- In this section, "individual":

(1) Includes an undocumented immigrant individual; and

(2) Does not include a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15).

(b) Community college tuition. -- Notwithstanding any other provision of this article, an individual shall be exempt from paying the out-of-state tuition rate at a community college in the State, if the individual:

(1) Beginning with the 2005-2006 school year, attended a public or nonpublic secondary school in the State for at least 3 years;

(2) Beginning with the 2007-2008 school year, graduated from a public or nonpublic secondary school in the State or received the equivalent of a high school diploma in the State;

(3) Registers as an entering student in a community college in the State not earlier than the 2011 fall semester;

(4) Provides to the community college documentation that the individual or the individual's parent or legal guardian has filed a Maryland income tax return:

(i) Annually for the 3 years while the individual attended a public or nonpublic secondary school in the State in accordance with item (1) of this subsection;

(ii) Annually during the period, if any, between graduation from a public or nonpublic secondary school in the State and registration at a community college in the State; and

(iii) Annually during the period of attendance at the community college;

(5) In the case of an individual who is not a permanent resident, provides to the community college an affidavit stating that the individual will file an application to become a permanent resident within 30 days after the individual becomes eligible to do so;

(6) In the case of an individual who is required to register with the Selective Service System, provides to the community college documentation that the individual has complied with the registration requirement; and

(7) Registers in a community college in the State not later than 4 years after graduating from a public or nonpublic secondary school in the State or receiving the equivalent of a high school diploma in the State.

(c) Public senior higher education institution tuition. -- Notwithstanding any other provision of this article and subject to subsection (h) of this section, an individual shall be eligible to pay a rate that is equivalent to the resident tuition rate at a public senior higher education institution, if the individual:

(1) Attended a community college not earlier than the 2010 fall semester and met the requirements of subsection (b) of this section, except for the requirement set forth in subsection (b)(3) of this section;

(2) Was awarded an associate's degree by or achieved 60 credits at a community college in the State;

(3) Provides the public senior higher education institution a copy of the affidavit submitted under subsection (b)(5) of this section;

(4) Provides to the public senior higher education institution documentation that the individual or the individual's parent or legal guardian has filed a Maryland income tax return:

(i) Annually while the individual attended a community college in the State;

(ii) Annually during the period, if any, between graduation from or achieving 60 credits at a community college in the State and registration at a public senior higher education institution in the State; and

(iii) Annually during the period of attendance at the public senior higher education institution; and

(5) Registers at a public senior higher education institution in the State not later than 4 years after graduating from or achieving 60 credits at a community college in the State.

(d) Qualification to pay in-county tuition rate at community college. -- Notwithstanding any other provision of this article, an individual shall be eligible to pay a rate that is equivalent to the in-county tuition rate at a community college in the State if the individual:

(1) Meets the requirements of subsection (b) of this section; and

(2) Attends a community college supported by the county in which:

(i) The secondary school from which the individual graduated is located; or

(ii) In the case of an individual who received the equivalent of a high school diploma in the State, the secondary school most recently attended by the individual is located.

(e) Confidentiality of information. -- Information collected under this section as part of a student's registration shall remain confidential.

(f) Records and reports. --

(1) A community college or public senior higher education institution that admits an individual who qualifies for the tuition rate under this section shall:

(i) Keep a record of the number of individuals who pay the tuition rate in accordance with the requirements under subsection (b), (c), or (d) of this section; and

(ii) Report the information required in item (i) of this paragraph to the Commission each year.

(2) The Commission shall submit to the General Assembly, in accordance with § 2-1246 of the State Government Article, an annual report consisting of a compilation of the reports submitted to the Commission under paragraph (1) of this subsection.

(g) Adoption of policies to implement section by institutions. -- The governing board of each public institution of higher education shall adopt appropriate policies to implement the provisions of this section.

(h) Students receiving tuition rate in (c) not counted as in-State students. -- The students that are receiving the tuition rate in subsection (c) of this section may not be counted as in-State students for the purposes of determining the number of Maryland undergraduate students enrolled at a public senior higher education institution.