The director of admissions or designee will classify every person accepted by the college as an in-state, out-of-state, or international student (see Proof of Residency and Verification of Lawful Presence). Determining a student's residency status must be based on the existence of surrounding objective circumstances that indicate a student's intent to maintain a permanent presence in the State of Georgia. No single factor is conclusive. Similarly, there is no predetermined number of factors to be met. The following indicators may be considered when documenting residency status of an individual, but this is not an exhaustive list:
Citizenship Requirements
Students meet citizenship requirements if they are born in the United States, are naturalized citizens of the United States, or are classified as eligible non-citizens according to the federal Title IV definition (see Proof of Residency and Verification of Lawful Presence). To qualify for in-state tuition, students who meet the citizenship requirements must establish and maintain legal, permanent residency in Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes of the academic term for which they seek in-state tuition.
Verification of Lawful Presence in the United States
Effective January 1, 2012, all students applying for in-state tuition must provide validation of lawful presence in the United States. The following documents will serve as proof of lawful presence in the United States and documentation will be required before students are eligible for consideration of in-state tuition:
- A current driver's license issued by the State of Georgia after January 1, 2008.
- A current photo identification card issued by the State of Georgia after January 1, 2008.
- A current driver's license or photo identification issued by:
- Alabama: Issued after August 1, 2000
- Florida: Issued after January 1, 2010, or have a gold star in the upper right hand corner.
- South Carolina: Issued after November 1, 2008.
- Tennessee: Issued after May 29, 2004.
- Any State: Any valid drivers license or ID card with a gold star in the upper right-hand corner
- A certified U.S. birth certificate showing the student was born in the United States or United States territory (photocopies are not acceptable).
- An approved completed Free Application for Federal Student Aid (FAFSA) for the current financial aid year if the student was selected for verification and has provided appropriate documentation to the Financial Aid Office .
- A current, valid Permanent Resident Card (USCIS form 1-151 or 1-551).
- A current, valid military identification card for active duty soldiers or veterans.
- A U.S. Certificate of Birth Abroad issued by the U.S. Department of State (DS-1350) or a Consular Report of Birth Abroad (FS-240).
- A current U.S. passport.
- A U.S. Certificate of Citizenship (USCIS form N-560 or N-561).
- A U.S. Certificate of Naturalization (USCIS form N-550 or N-570).
Any students who cannot be verified as lawfully present in the United States are not eligible to be considered for in-state tuition regardless of how long they have lived in Georgia. In addition to being lawfully present in the United States, students must meet the in-state tuition requirements as outlined in TCSG Board Policy and Procedure V.B.3 to warrant an in-state classification. Students that are initially classified as out-of-state residents and successfully petition to have their residency changed to in-state also meet the verification requirement.
Dependent Students
Dependent students are defined as individuals under the age of 24 who receive financial support from parents or United States court-appointed legal guardians whose federal or state tax returns list the individuals as dependents. Dependent students meet the Georgia residency requirement if their parents have established and maintained legal, permanent residency in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the academic term for which they are seeking in-state tuition and provided that the dependent students graduated from an eligible high school located in the State of Georgia or if their parents claimed them as dependents on the parents' most recent federal income tax returns. Dependent students also meet the Georgia residence requirements if their United States court-appointed legal guardians have established and maintained legal, permanent residency in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the academic term for which they seek in-state tuition and provided that the appointment was not made in order to avoid the payment of out-of-state tuition.
An eligible high school is defined as any private or public secondary educational institution in the State of Georgia that is authorized to grant high school diplomas and is on the list of accreditation agencies approved by the Technical College System of Georgia.
Independent Students
Independent students are defined as individuals who are not claimed as dependents on the federal or state income tax returns of their parents or United States court-appointed legal guardians who have ceased to provide support and right to the individuals' care, custody, and earnings. Independent students meet the Georgia residency requirements if they have established and maintained legal, permanent residency in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes of the academic term for which they seek in-state tuition. It is presumed that independent students did not gain or acquire legal, permanent residency in the State of Georgia while attending Athens Technical College or any member institution of the Technical College System of Georgia without clear evidence of having established legal, permanent residency in the State of Georgia for purposes other than attending Athens Technical College or any member institution of the Technical College System of Georgia.
Retaining Georgia Residency
Dependent students shall continue to retain their status as Georgia residents if their parents or United States court-appointed guardian established legal, permanent residency outside the State of Georgia provided the dependent students remain continuously enrolled at Athens Technical College. Individuals are classified as continuously enrolled students if they are making satisfactory academic progress toward completing an associate degree, diploma, or technical certificate of credit and are without a break in enrollment of more than one traditional academic term (see Satisfactory Academic Progress in the Financial Aid section). Individuals who are not enrolled for two or more consecutive academic terms are not classified as continuously enrolled students. Participation in eligible alternative study programs which require travel outside of Georgia but inside the United States are not considered breaks in enrollment.
Independent students who temporarily relocate outside the State of Georgia for a period of less than 12 months shall retain their status as Georgia residents for tuition purposes.
Eligibility for In-State Tuition Waivers
Students in the following classifications are eligible for in-state tuition waivers. These waivers do not affect students' eligibility for HOPE Scholarships or Grants, except for waivers for military personnel and their dependents as provided for in the Georgia Student Finance Commission regulations. The classifications include:
- Employees and their children who move to Georgia for employment with a new or expanding industry as defined in Georgia Code §20-4-40.
- Full-time employees of the Technical College System of Georgia and their spouses and dependent children.
- Full-time teachers in the public schools, military bases, or at public postsecondary colleges in Georgia and their spouses and dependent children.
- United States military personnel stationed in Georgia and on active duty and their dependents living in Georgia.
- United States military personnel and their dependents who are legal residents of Georgia but are stationed outside the state.
- Members of a uniformed military service of the United States and their dependents who, within twelve (12) months of separation from such service, enroll in an academic program and demonstrates an intent to become domiciled in Georgia. This waiver may be granted for not more than one (1) year.
- Students who are legal residents of out-of-state counties bordering on Georgia counties and who are enrolled in a technical college when there is a local reciprocity agreement in place.
- Career counselor officers and their dependents who are citizens of the foreign nation which their consular office represents and who are living in Georgia under orders of their respective governments. This waiver applies only to those consular officers whose nations operate on the principle of educational reciprocity with the United States.
Notwithstanding any provision in the residency policy, individuals who are unlawfully present in the United States are not eligible for any waiver of the tuition differential.
Penalties
Misrepresentation of facts to qualify for residency status will expose students to civil liability for back-due tuition and disciplinary action including suspension or permanent exclusion from all technical colleges. Moreover, the college may criminally prosecute students.