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§ 15-106.4. Waiver of residency requirement for military personnel, spouses, and dependents

West's Annotated Code of MarylandEducationEffective: July 1, 2020

West's Annotated Code of Maryland
Education (Refs & Annos)
Division III. Higher Education [Titles 10-20] (Refs & Annos)
Title 15. Public Institutions of Higher Education (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Effective: July 1, 2020
MD Code, Education, § 15-106.4
§ 15-106.4. Waiver of residency requirement for military personnel, spouses, and dependents
Application of section
(a) 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.
Individuals eligible for exemption
(b) 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 described 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 spouse or financially dependent child described in subsection (a) of this section presents documentation that, during the time period in which the active duty member met the requirements of paragraph (1) of this subsection, the individual:
(i) Enrolled as an entering student in a public institution of higher education in the State; or
(ii) Was accepted to attend a public institution of higher education in the State;
(3) The honorably discharged veteran described in subsection (a) of this section presents documentation that the individual:
(i) Was honorably discharged from the United States armed forces; and
(ii) 1. Resides in this State; or
2. Is domiciled in this State; or
(4) The National Guard member described in subsection (a) 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.
Conditions for continued exemption
(c) Notwithstanding any other provision of this article, a spouse or financially dependent child of an active duty member who is exempt from paying nonresident tuition under subsection (b) of this section shall continue to be exempt from paying nonresident tuition:
(1) If the spouse or financially dependent child:
(i) Enrolls as an entering student in a public institution of higher education in the State;
(ii) Remains continuously enrolled at the public institution of higher education; and
(iii) Remains domiciled in the State during enrollment; and
(2) Regardless of whether the active duty member still meets the requirements of subsection (b)(1) of this section.
Required compliance with federal law
(d) Each public institution of higher education shall comply with federal law relating to nonresident tuition for veterans and veterans' dependents.
Regulations
(e) The Commission shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.

Credits

Added by Acts 2004, c. 325, § 1, eff. July 1, 2004. Amended by Acts 2009, c. 253, § 1, eff. July 1, 2009; Acts 2011, c. 191, § 1, ratified Nov. 6, 2012; Acts 2013, c. 654, § 1, eff. Oct. 1, 2013; Acts 2015, c. 279, § 1, eff. June 1, 2015; Acts 2020, c. 227, § 1, eff. July 1, 2020; Acts 2020, c. 228, § 1, eff. July 1, 2020.
MD Code, Education, § 15-106.4, MD EDUC § 15-106.4
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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