House Bill 888
By: Representative Carpenter of the 4th
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
provide for in-state tuition for postsecondary education for certain noncitizen students; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in
Code Section 20-3-66, relating to determination of in-state resident status of students in the
University System of Georgia for tuition or fees, by revising subsection (e) as follows:
"(e)(1) Noncitizen students shall not be classified as in-state for tuition purposes unless
the student <del>is legally in this state and there is evidence to warrant consideration of in-state
classification as determined by the board of regents.:
</del> <ins>(A) Obtained a high school diploma or state approved high school equivalency (HSE)
diploma in this state;
(B) Is legally authorized to work in this state;
</ins>
<ins>(C) Has independently established and maintained domicile in this state since
January 1, 2020, or is the dependent child of a parent who has established and
maintained domicile in this state since January 1, 2020;
(D) Has not been convicted of a felony or a high and aggravated misdemeanor; and
(E) Is enrolled in or applying for admission to an institution of the University System
of Georgia which, for the two most recent academic years, admitted all academically
qualified applicants.
(2)</ins> Lawful permanent residents, refugees, asylees, or other eligible noncitizens as
defined by federal Title IV regulations may be extended the same consideration as
citizens of the United States in determining whether they qualify for in-state
classification.
<ins>(3)</ins> International students who reside in the United States under nonimmigrant status
conditioned at least in part upon intent not to abandon a foreign domicile shall not be
eligible for in-state classification."
SECTION 2.
Said title is further amended in Code Section 20-4-21, relating to tuition fees in the Technical
College System of Georgia, by adding a new subsection to read as follows:
<ins>"(e) Notwithstanding any other law to the contrary, the State Board of the Technical
College System of Georgia shall classify a noncitizen student as in-state for tuition
purposes if the student:
(1) Obtained a high school diploma or state approved high school equivalency (HSE)
diploma in this state;
(2) Is legally authorized to work in this state;
(3) Has independently established and maintained domicile in this state since January 1,
2020, or is the dependent child of a parent who has established and maintained domicile
in this state since January 1, 2020;
</ins>
<ins>(4) Has not been convicted of a felony or a high and aggravated misdemeanor; and
(5) Is enrolled in or applying for admission to a unit of the Technical College System of
Georgia which, for the two most recent academic years, admitted all academically
qualified applicants."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.