Policy No.: 3041 Board Approved: September 20, 2005 Revised: November 13, 2009
In-County Resident Status for Students Displaced by Natural Disasters
In compliance with the Code of Maryland Regulations (COMAR), the Board of Trustees may designate students displaced as a result of natural disasters as in-county residents for the purpose of tuition. This in-county designation would apply only for specific evacuation situations resulting from a United States Presidential Major Disaster Declaration (the process of which is regulated by the U. S. Department of Homeland Security’s Federal Emergency Management Agency [FEMA]). Such designations must be recommended by the College president and approved by the Board on a case-by-case basis. All actions would be limited to the academic years specified. All normal course fees would apply. Requests for financial assistance would be examined on an individual student basis and Opportunity Scholarships may be awarded if deemed appropriate by the administration based upon individual student financial need. BACKGROUND STATEMENT: Maryland state law requires that out-of-state and out-of-county students pay an additional fee and that a community college board of trustees may waive this additional fee only in specific circumstances delineated in statute (Education Article, §16-310, Annotated Code of Maryland). In addition, the Code of Maryland Regulations (COMAR) states that the boards of trustees of community colleges have the authority to adopt policies governing the classification of students by domicile for tuition purposes (§13B.07.02.03). Therefore, the boards of trustees of community colleges are authorized to consider students who are displaced from a region because of a natural disaster as eligible for in-county resident tuition status. The boards of trustees however, cannot simply provide tuition waivers to these students, but must first declare these students as in-county residents. Once the board of trustees designates these students as in-county residents, the community colleges may include these students as in-state residents for the purpose of computing State aid under the John A. Cade State Aid to Community Colleges funding formula. It is important to note that none of this prohibits institutions from giving scholarships to student evacuees. On September 20, 2005, the Board of Trustees approved Policy 3041, which granted in-county resident status to students displaced by Hurricane Katrina effective for academic years 2006 and 2007.
Note: This Background Statement was presented to the Board of Trustees along with the policy recommended for approval.
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