HB 888: Education; in-state tuition for postsecondary education for certain noncitizen students; provide

Currently, Georgia law lets noncitizen students be considered for in-state tuition only if they are legally in the state and the Board of Regents finds evidence to justify that classification, a vague standard applied case by case. This bill replaces that standard with a specific list of requirements for both university and technical college students. Under the bill, a noncitizen student would qualify for in-state tuition if they got their high school diploma or equivalency in Georgia, are legally authorized to work in the state, have lived in Georgia (or have a parent who has) since January 1, 2020, have no felony or high and aggravated misdemeanor convictions, and are applying to a school that admitted all academically qualified applicants for the past two years. The same five-part test would apply separately to the Technical College System of Georgia, which currently has no comparable provision. Lawful permanent residents, refugees, asylees, and other federally recognized eligible noncitizens would still be treated like U.S. citizens for tuition purposes, and international students on nonimmigrant visas tied to a foreign domicile would remain ineligible.

• Removes the current vague standard letting the Board of Regents decide case by case whether a noncitizen student's presence in Georgia justifies in-state tuition.
• Creates a specific five-part eligibility test for noncitizen students seeking in-state tuition at University System of Georgia institutions (O.C.G.A. § 20-3-66).
• Adds a matching five-part eligibility test for noncitizen students at Technical College System of Georgia units (O.C.G.A. § 20-4-21), where no such provision currently exists.
• Requires applicants to show Georgia high school graduation, legal work authorization, in-state domicile since January 1, 2020 (or a parent's domicile), and a clean record free of felonies or high and aggravated misdemeanors.
• Limits eligibility to schools that admitted all academically qualified applicants for the two most recent academic years.
• Keeps existing rules unchanged for lawful permanent residents, refugees, asylees, and other federally recognized eligible noncitizens, and keeps international students on certain nonimmigrant visas ineligible.

Noncitizen students seeking to attend University System of Georgia colleges or Technical College System of Georgia schools, especially those who grew up and graduated high school in Georgia; the Board of Regents and the State Board of the Technical College System of Georgia, which administer tuition classification; and lawful permanent residents, refugees, and asylees whose existing treatment stays the same.

Qualifying noncitizen students would pay lower in-state tuition instead of higher out-of-state or international rates, potentially saving thousands of dollars a year, provided they meet the new documentation requirements on residency, work authorization, education history, and criminal record at the time they apply.

• Section 1 rewrites O.C.G.A. § 20-3-66(e) to set five specific eligibility criteria for noncitizen students seeking in-state tuition at University System of Georgia schools, replacing the prior discretionary standard.
• Section 1 requires domicile in Georgia (by the student or a parent) dating back to January 1, 2020, and Georgia high school graduation or equivalency.
• Section 1 excludes students convicted of a felony or high and aggravated misdemeanor from eligibility.
• Section 1 limits eligibility to institutions that admitted all academically qualified applicants for the two most recent academic years.
• Section 2 adds a new subsection (e) to O.C.G.A. § 20-4-21 applying the same five-part eligibility test to the Technical College System of Georgia.
• Section 3 repeals any conflicting laws.

1. 2025-04-04House Second Readers (House)
2. 2025-04-02House First Readers (House)
3. 2025-03-31House Hopper (House)

• Kasey Carpenter (R, HD-4)Primary sponsor

• in-state tuition
• immigration and education
• University System of Georgia
• Technical College System of Georgia
• college affordability