Higher Education - Undocumented Students - Out-of-State Tuition Exemption Eligibility, the official text

WES MOORE, Governor                               Ch. 799

Chapter 799

                   (House Bill 1530)

AN ACT concerning

Higher Education – Undocumented Students – Out–of–State Tuition Exemption
                                                      Eligibility

FOR the purpose of repealing the requirement that decreasing the number of years an
         individual or the individual’s parent or guardian must file taxes before the academic
         year for eligibility to receive an out–of–state tuition exemption at a public institution
         of higher education; and generally relating to out–of–state tuition exemptions at
         public institutions of higher education for undocumented students.

BY repealing and reenacting, with amendments,
         Article – Education
         Section 15–106.8 15–106.8(b)(4)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Education

15–106.8.

(a) In this section, “individual”:

             (1) Includes an undocumented immigrant individual; and

                  (2) Does not include a nonimmigrant alien within the meaning of 8 U.S.C.
§ 1101(a)(15).

         (b) 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:

             (1) Attended a public or nonpublic secondary school in the State;

                  (2) Graduated from a public or nonpublic secondary school in the State or
received the equivalent of a high school diploma in the State;

                  (3) 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

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secondary school in the State or receiving the equivalent of a high school diploma in the
State;

                (4) [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 3–year 2–YEAR period before the academic year in which the
tuition rate exemption would apply;

                (5)] 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

                [(6)] (5) 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.

         (c) 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.

         (d) 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:

             (1) Meets the requirements of subsection (b) of this section; and

             (2) Attends a community college supported by the county in which:

                           (i) 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;

             (ii) The secondary school from which the individual graduated is

located; or

                           (iii) 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.

         (e) (1) 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:

             (i) Meets the requirements of paragraph (2) of this subsection; and
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WES MOORE, Governor  Ch. 799

                           (ii) 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.

                (2) [To] UNTIL THE INDIVIDUAL IS AWARDED A DEGREE FROM THE
PUBLIC INSTITUTION OF HIGHER EDUCATION, TO retain tuition status under this
subsection, an individual shall [use] ANNUALLY PROVIDE PROOF OF RESIDENCY BY:

                         (I) USING 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]; OR

                         (II) PROVIDING OTHER OFFICIAL DOCUMENTATION AS
DETERMINED BY THE PUBLIC INSTITUTION OF HIGHER EDUCATION.

         (f) Information collected under this section as part of a student’s registration
shall remain confidential.

         (g) (1) A public institution of higher education that admits an individual who
qualifies for the tuition rate under this section shall:

                           (i) 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

                           (ii) Report the information required in item (i) of this paragraph to
the Commission each year.

                  (2) 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.

         (h) The governing board of each public institution of higher education shall adopt
appropriate policies to implement the provisions of this section.

         (i) 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.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 26, 2026.

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