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<section article="ged" article_name="Education" number="15-106.8" title_number="15" title_name="Public Institutions of Higher Education" subtitle_number="1" subtitle_name="General Provisions">
  <level label="a">
    <text>In this section, “individual”:</text>
    <level label="1">
      <text>Includes an undocumented immigrant individual; and</text>
    </level>
    <level label="2">
      <text>Does not include a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15).</text>
    </level>
  </level>
  <level label="b">
    <text>Notwithstanding any other provision of this article, an individual shall be exempt from paying the out–of–state tuition rate at a public institution of higher education in the State, and shall be eligible for the tuition rates described under subsections (c) and (d) of this section, if the individual:</text>
    <level label="1">
      <text>Attended a public or nonpublic secondary school in the State;</text>
    </level>
    <level label="2">
      <text>Graduated from a public or nonpublic secondary school in the State or received the equivalent of a high school diploma in the State;</text>
    </level>
    <level label="3">
      <text>Registers as an entering student in a public institution of higher education in the State not later than 6 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;</text>
    </level>
    <level label="4">
      <text>Provides to the public institution of higher education documentation that the individual or the individual’s parent or legal guardian has filed a Maryland income tax return annually for the 2–year period before the academic year in which the tuition rate exemption would apply;</text>
    </level>
    <level label="5">
      <text>In the case of an individual who is not a permanent resident, provides to the public institution of higher education 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; and</text>
    </level>
    <level label="6">
      <text>In the case of an individual who is required to register with the Selective Service System, provides to the public institution of higher education documentation that the individual has complied with the registration requirement.</text>
    </level>
  </level>
  <level label="c">
    <text>Notwithstanding any other provision of this article and subject to subsection (i) 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 meets the requirements of subsection (b) of this section.</text>
  </level>
  <level label="d">
    <text>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:</text>
    <level label="1">
      <text>Meets the requirements of subsection (b) of this section; and</text>
    </level>
    <level label="2">
      <text>Attends a community college supported by the county in which:</text>
      <level label="i">
        <text>An address in the county is used on the Maryland income tax return of the individual or the individual’s parent or legal guardian of the calendar year prior to the academic year in which the rate would apply;</text>
      </level>
      <level label="ii">
        <text>The secondary school from which the individual graduated is located; or</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Notwithstanding any other provision of this article, an individual shall retain the individual’s tuition status at a public institution of higher education in the State if the individual:</text>
      <level label="i">
        <text>Meets the requirements of paragraph (2) of this subsection; and</text>
      </level>
      <level label="ii">
        <text>On or after June 15, 2012, was exempt from paying the out–of–state or out–of–county tuition rate at a public institution of higher education.</text>
      </level>
    </level>
    <level label="2">
      <text>To retain tuition status under this subsection, an individual shall use an address in the State on the Maryland income tax return of the individual or the individual’s parent or legal guardian annually until the individual is awarded a degree from the public institution of higher education.</text>
    </level>
  </level>
  <level label="f">
    <text>Information collected under this section as part of a student’s registration shall remain confidential.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>A public institution of higher education that admits an individual who qualifies for the tuition rate under this section shall:</text>
      <level label="i">
        <text>Keep a record of the number of individuals who pay the tuition rate in accordance with the requirements under subsections (c) and (d) of this section; and</text>
      </level>
      <level label="ii">
        <text>Report the information required in item (i) of this paragraph to the Commission each year.</text>
      </level>
    </level>
    <level label="2">
      <text>The Commission shall submit to the General Assembly, in accordance with § 2–1257 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.</text>
    </level>
  </level>
  <level label="h">
    <text>The governing board of each public institution of higher education shall adopt appropriate policies to implement the provisions of this section.</text>
  </level>
  <level label="i">
    <text>The students that are receiving the tuition rate described 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.</text>
  </level>
</section>
