ECS
From the ECS State Policy Database
1994-2012

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies ECS has tracked in this database since 1994. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ 21st Century Skills
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--Learnfare
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--No Pass No Play
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--College Entrance Exams
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ Assessment--Legal Issues
+ Assessment--NAEP (NAEP Results and NAEP Organization)
+ Assessment--Performance Based/Portfolio
+ Assessment--Value Added
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Compulsory
+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
+ Background Checks
+ Bilingual/ESL
+ Brain Research
+ Business Involvement
+ Career/Technical Education
+ Career/Technical Education--Career Academies/Apprenticeship
+ Cheating
+ Choice of Schools
+ Choice of Schools--Charter Schools
+ Choice of Schools--Charter Schools--Charter Districts
+ Choice of Schools--Charter Schools--Closings
+ Choice of Schools--Charter Schools--Cyber Charters
+ Choice of Schools--Charter Schools--Finance
+ Choice of Schools--Charter Schools--Research
+ Choice of Schools--Choice/Open Enrollment
+ Choice of Schools--Choice/Open Enrollment--Research
+ Choice of Schools--Innovation Schools
+ Choice of Schools--Magnet or Specialized Schools
+ Choice of Schools--Tax Credits
+ Choice of Schools--Vouchers
+ Choice of Schools--Vouchers--Privately Funded
+ Civic Education
+ Civic Education--Character Education
+ Civic Education--Civic Knowledge and Literacy
+ Civic Education--Curriculum/Standards
+ Civic Education--Pledge of Allegiance
+ Class Size
+ Curriculum
+ Curriculum--Alignment
+ Curriculum--Arts Education
+ Curriculum--Censorship
+ Curriculum--Core Curriculum
+ Curriculum--Drivers Education
+ Curriculum--Environmental Education
+ Curriculum--Excusal
+ Curriculum--Family Living Education
+ Curriculum--Financial Literacy/Economics Ed.
+ Curriculum--Foreign Language/Sign Language
+ Curriculum--Geography Education
+ Curriculum--Health/Nutrition Education
+ Curriculum--Home Economics
+ Curriculum--International Education
+ Curriculum--Language Arts
+ Curriculum--Language Arts--Writing/Spelling
+ Curriculum--Mathematics
+ Curriculum--Multicultural
+ Curriculum--Physical Education
+ Curriculum--Science
+ Curriculum--Sex Education
+ Curriculum--Social Studies/History
+ Curriculum--Speech Education
+ Data-Driven Improvement
+ Demographics
+ Demographics--Condition of Children/Adults
+ Demographics--Enrollments
+ Desegregation
+ Economic/Workforce Development
+ Education Research
+ Equity
+ Federal
+ Finance
+ Finance--Adequacy/Core Cost
+ Finance--Aid to Private Schools
+ Finance--Bonds
+ Finance--District
+ Finance--Does Money Matter?
+ Finance--Equity
+ Finance--Facilities
+ Finance--Federal
+ Finance--Funding Formulas
+ Finance--Litigation
+ Finance--Local Foundations/Funds
+ Finance--Lotteries
+ Finance--Performance Funding
+ Finance--Private Giving
+ Finance--Resource Efficiency
+ Finance--State Budgets/Expenditures
+ Finance--Student Fees
+ Finance--Taxes/Revenues
+ Finance--Taxes/Revenues--Alternative Revenues
+ Governance
+ Governance--Deregulation/Waivers/Home Rule
+ Governance--Ethics/Conflict of Interest
+ Governance--Mandates
+ Governance--Regional Entities
+ Governance--School Boards
+ Governance--School Boards--Training
+ Governance--Site-Based Management
+ Governance--State Boards/Chiefs/Agencies
+ Health
+ Health--Child Abuse
+ Health--Mental Health
+ Health--Nutrition
+ Health--School Based Clinics or School Nurses
+ Health--Suicide Prevention
+ Health--Teen Pregnancy
+ High School
+ High School--Advanced Placement
+ High School--College Readiness
+ High School--Credit Recovery
+ High School--Dropout Rates/Graduation Rates
+ High School--Dual/Concurrent Enrollment
+ High School--Early Colleges/Middle Colleges
+ High School--Exit Exams
+ High School--GED (General Education Development)
+ High School--Graduation Requirements
+ High School--International Baccalaureate
+ Instructional Approaches
+ Instructional Approaches--Constructivism
+ Instructional Approaches--Grading Practices
+ Instructional Approaches--Homeschooling
+ Instructional Approaches--Homework/Study Skills
+ Instructional Approaches--Official English
+ Instructional Approaches--Problem Based Learning
+ Instructional Approaches--Single-Sex Education
+ Instructional Approaches--Time/Time on Task
+ Instructional Approaches--Tracking/Ability Grouping
+ Integrated Services/Full-Service Schools
+ International Benchmarking
+ Leadership
+ Leadership--District Superintendent
+ Leadership--District Superintendent--Compensation and Diversified Pay
+ Leadership--Principal/School Leadership
+ Leadership--Principal/School Leadership--Certification and Licensure
+ Leadership--Principal/School Leadership--Compensation and Diversified Pay
+ Leadership--Principal/School Leadership--Evaluation and Effectiveness
+ Leadership--Principal/School Leadership--Induction Programs and Mentoring
+ Leadership--Principal/School Leadership--Preparation
+ Leadership--Principal/School Leadership--Preparation--Alternative
+ Leadership--Principal/School Leadership--Professional Development
+ Leadership--Principal/School Leadership--Recruitment and Retention
+ Leadership--Principal/School Leadership--Tenure
+ Middle School
+ Minority/Diversity Issues
+ Minority/Diversity Issues--African American
+ Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian
+ Minority/Diversity Issues--Hispanic
+ No Child Left Behind
+ No Child Left Behind--Adequate Yearly Progress
+ No Child Left Behind--Assessment
+ No Child Left Behind--Choice/Transfer
+ No Child Left Behind--Consequences for Schools
+ No Child Left Behind--Finance
+ No Child Left Behind--Parent Involvement
+ No Child Left Behind--Reauthorization Issues/Waivers
+ No Child Left Behind--Report Cards
+ No Child Left Behind--School Support
+ No Child Left Behind--Special Populations
+ No Child Left Behind--Supplemental Services
+ Online Learning--Digital/Blended Learning
+ Online Learning--Virtual Schools/Courses
+ P-16 or P-20
+ P-3
+ P-3 Brain Development
+ P-3 Child Care
+ P-3 Content Standards and Assessment
+ P-3 Data Systems
+ P-3 Early Intervention (0-3)
+ P-3 Ensuring Quality
+ P-3 Evaluation/Economic Benefits
+ P-3 Family Involvement
+ P-3 Finance
+ P-3 Governance
+ P-3 Grades 1-3
+ P-3 Health and Mental Health
+ P-3 Kindergarten
+ P-3 Kindergarten--Full-Day Kindergarten
+ P-3 Kindergarten--Full Day Kindergarten
+ P-3 Preschool
+ P-3 Public/Private Partnerships
+ P-3 Special Ed./Inclusion
+ P-3 Teaching Quality/Professional Development
+ Parent/Family
+ Parent/Family--Parent Rights
+ Parent/Family--Research
+ Partnerships--University/School
+ Postsecondary
+ Postsecondary Accountability
+ Postsecondary Accountability--Accreditation
+ Postsecondary Accountability--Diploma Mills
+ Postsecondary Accountability--Licensing/Program Review and Approval
+ Postsecondary Accountability--Student Learning
+ Postsecondary Affordability
+ Postsecondary Affordability--Financial Aid
+ Postsecondary Affordability--Textbooks
+ Postsecondary Affordability--Tuition/Fees
+ Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans
- Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants
NHSigned into law 06/2012Postsec.Requires every student admitted to the university system of New Hampshire after December 31, 2012 and receiving the in-state rate of tuition to execute an affidavit attesting he or she is a legal resident of the United States.
http://www.gencourt.state.nh.us/legislation/2012/HB1383.html
Title: H.B. 1383
Source: http://www.gencourt.state.nh.us/

TXAdopted 02/2012Postsec.Creates new s.21.30, concerning Special Procedures for Documenting Compliance. From Texas Register: "Specifically, the new section addresses concerns that have been expressed about the obligation of institutions towards students who are not U.S. Citizens or Permanent Residents, but who have been classified as residents for higher education purposes in accordance with Texas Education Code, §54.052(a)(3). Such students must provide their institutions a signed copy of an affidavit, by which they pledge to apply for permanent resident status as soon as they are able to do so. Current federal legislation makes most of the students ineligible to apply. The new section requires institutions to retain the signed affidavits permanently and to instruct students when they are admitted, annually while they are enrolled, and upon graduation of their obligation to apply for permanent resident status. It also calls for the institutions to refer students to the proper federal agency for instructions on how to apply for such status." Pages 46-47 of 82: http://www.sos.state.tx.us/texreg/pdf/backview/0224/0224adop.pdf
Title: 19 TAC 21.30
Source: www.sos.state.tx.us

CASigned into law 10/2011Postsec.From bill summary: Existing law requires that a student, other than a nonimmigrant alien, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he/she is an alien without lawful immigration status, has filed a prescribed affidavit is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill amends the Donahoe Higher Education Act, as of January 1, 2013, to require the trustees of the California State University and the board of governors of the California Community Colleges, and to request the regents of the University of California, to establish procedures and forms that enable students who are exempt from paying nonresident tuition under the above-described provision, or who meet equivalent requirements adopted by the regents, to participate in all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision applies to the University of California only if the regents, by appropriate resolution, act to make it applicable.

Provides that students who are exempt from paying nonresident tuition under the above provision, or who meet equivalent requirements adopted by the regents, are eligible to apply for, and participate in, any student financial aid program administered by the state of California to the full extent permitted by federal law. Requires the Student Aid Commission to establish procedures and forms that enable those students who are exempt from paying nonresident tuition under the above provision to apply for, and participate in, all student financial aid programs administered by the state to the full extent permitted by federal law. Prohibits students who are exempt from paying nonresident tuition under the provision described above from being eligible for Competitive Cal Grant A and B Awards unless specified conditions are met. Makes these provisions operative as of January 1, 2013. Existing federal law requires that a state may provide that an alien who is not lawfully present in the U.S. is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility. This bill finds and declares that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision. As of January 1, 2013, requires community college districts to waive the fees of students who are exempt from nonresident tuition under the provision described in the first paragraph above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill imposes new duties on community college districts with respect to determining eligibility for fee waivers, the bill constitutes a state-mandated local program. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_131_bill_20111008_chaptered.pdf
Title: A.B. 131
Source: www.leginfo.ca.gov

ALTo governor 06/2011P-12
Postsec.
Specifies that verification of lawful presence in the U.S. must not be required for K-12 education. However, requires public schools to determine the citizenship and immigration status of their students, to compile data on students who are legally and illegally in the U.S. and submit such data to the state board of education. Requires the state board of education to submit an annual report to the legislature, providing data, aggregated by public school, regarding the numbers of U.S. citizens, lawfully present aliens, and of aliens believed to be unlawfully present in the U.S. enrolled at all K-12 public schools in this state. Requires that the report also:
--Provide the number of students in each category participating in English as a Second Language (ESL) programs enrolled at such schools.
--Analyze and identify the effects upon the quality of education provided to students who are U.S. citizens residing in Alabama that may have occurred, or are expected to occur, as a consequence of the enrollment of students who are illegal aliens.
--Analyze and itemize the fiscal costs to the state and political subdivisions thereof of providing instruction, computers, textbooks and other supplies, free or discounted school meals, and extracurricular activities to students who are illegal aliens.

Requires the state board to prepare and issue objective baseline criteria for identifying and assessing the other educational impacts on the quality of education provided to students who are U.S. citizens due to the enrollment of illegal aliens, in addition to the statistical data on citizenship and immigration status and ESL enrollment required by this act.

Prohibits an illegal alien from enrolling in any postsecondary institution in the state. Requires an alien enrolled in a postsecondary institution to possess either lawful permanent residence or an appropriate nonimmigrant visa. Provides an illegal alien is ineligible for any education benefit, including scholarships, grants, or financial aid. Permits a public postsecondary education institution officer to seek federal verification of an alien's immigration status with the federal government.
Title: H.B. 56
Source:

OHSigned into law 06/2011Postsec.Requires that the chancellor's rules for determining student residency for purposes of determining tuition costs must grant residency status to a person who graduated from an Ohio high school, if the person enrolls in an institution of higher education and establishes domicile in the state, regardless of the student's residence prior to that enrollment. Provides that an alien may not be granted resident status if the alien is not also an immigrant (granted right to permanent residency in the U.S.) or nonimmigrant (granted right to temporary residency in the U.S.).
Pages 437-438 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf
Title: H.B. 153 - Resident for Determining Tuition
Source: www.legislature.state.oh.us

INSigned into law 05/2011Postsec.Provides that an individual who is not lawfully in the United States is not eligible to pay the resident tuition rate that is determined by the state educational institution.
http://www.in.gov/legislative/bills/2011/HE/HE1402.1.html
Title: H.B. 1402
Source: http://www.in.gov/legislative/bills/2011/HE/HE1402.1.html

CAVetoed 09/2010P-12
Postsec.
From bill summary: Enacts the California Dream Act of 2010. As of July 1, 2011, exempts a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, high school in California from paying nonresident tuition at the California Community Colleges and the California State University. Provides that persons attending and graduating from California technical schools and adult schools, as well as high schools, are included within the scope of this provision.

As of July 1, 2011, requires the trustees of the California State University and the board of governors of the California Community Colleges, and requests the regents of the University of California, to establish
procedures and forms that enable persons who are exempt from paying nonresident tuition under the aforementioned provision, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law. Provides exceptions. Specifies this provision applies to the University of California only if the regents, by appropriate resolution, act to make it applicable. Provides that if a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, the same limitations described
above would apply.

Further provides that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student.

Finds and declares that the amendments described above are state laws, to come into compliance with federal law, which requires that a state may provide that an alien who is not lawfully present in the U.S. is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility.

Requires community college districts to waive the fees of persons who are exempt from nonresident tuition under the aforementioned provisions and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors.

From last bill analysis: This bill is an effort to expand the availability of financial aid to those UC, SCU, and CCC students eligible for nonresident tuition status under AB 540. These students are typically aliens without lawful immigration status or United States citizens or permanent residents who are residents of another state and would be ineligible for state-administered or campus-based financial aid programs without the provisions of AB 540.

Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1451-1500/sb_1460_bill_20100902_enrolled.pdf
Last bill analysis: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1451-1500/sb_1460_cfa_20100831_092110_sen_floor.html
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65dzq76mk1rdj/0/0?&_c=d|yvcee9xanplikz|z65p1zm6c0d0km&_ce=1286406230.caa20266fd6da02234f4cb44025bb5a2
Title: S.B. 1460
Source: www.leginfo.ca.gov

CAVetoed 09/2010Postsec.Effective July 1, 2011: Provides that persons who are exempt from paying nonresident tuition (per section 68130.5 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=68001-69000&file=68130-68134) at the California State University and California Community Colleges (or who meet equivalent requirements set by the regents of the University of California), are eligible to apply for, and participate in, any student financial aid program administered by the state. Directs the student aid commission to establish procedures and forms that enable persons eligible for resident tuition to apply for, and participate in, all student financial aid programs administered by the state. Bars a student who is exempt from paying nonresident tuition from eligibility for Competitive Cal Grant A and B Awards unless funding remains available after all California students not exempt received the Competitive Cal Grant A and B Awards they are
eligible for.

Provides this bill becomes operative only if S.B. 1460 of the 2009–10 regular session is enacted and becomes
operative on or before January 1, 2011. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1401-1450/ab_1413_bill_20100913_enrolled.pdf

Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1401-1450/ab_1413_bill_20100913_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65ekjkuq4hvet/0/0?&_c=d|yvcee9xanplikz|z65p1zm6c0d0km&_ce=1286206971.2f899c6dbfb31dfd321d4a0be488be55
Title: A.B. 1413
Source: www.leginfo.ca.gov

COSigned into law 05/2008Postsec.
Community College
Provides assignment of in-state student tuition classification to a student who is a United States citizen who has attended high school or completed a general equivalency diploma in the state within a specified period of time prior to the date the student enrolled in a State institution of higher learning.

Classifies student for in-state tuition if: the student graduated from a public or private high school in Colorado; AND the student attended a public or private high school in the states for at least three years; OR the student completed a GED in Colorado and resided in the state for at least three years.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/7BDEE532ED92F22187257398007FCEBE?open&file=079_enr.pdf
Title: S.B. 79
Source: http://www.leg.state.co.us/

CTVetoed 06/2007Postsec.
Community College
Concerning college tuition for undocumented immigrants committed to the care and custody of the department of children and families; requires the Department of Children and Families to provide college tuition and costs to undocumented immigrants who are committed to the care and custody of the Department of Children and Families in an amount equivalent to the in-state tuition and costs associated with attending The University of Connecticut.
http://www.cga.ct.gov/2007/ACT/Pa/pdf/2007PA-00135-R00HB-05656-PA.pdf
Title: H.B. 5656
Source: Connecticut Legislature

NVSigned into law 06/2007Postsec.
Community College
Provides an exception from the 2-year residency requirement for students who have a parent or legal guardian on active duty serving in the Armed Forces of the United States. Further requires the Board of Regents of the University of Nevada to establish a procedure by which an applicant for a millennium scholarship would be required to execute an affidavit declaring his
eligibility for a millennium scholarship and his citizenship or immigration status.
http://www.leg.state.nv.us/23rdSpecial/Bills/SB/SB5_EN.pdf
Title: S.B. 5A
Source: http://www.leg.state.nv.us/

MIVetoed 12/2006Postsec.
Community College
Conditions eligibility for tuition grants to students enrolled in independent nonprofit institutions of higher learning on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5307.pdf
Title: H.B. 5307
Source: Michigan Legislature

MIVetoed 12/2006Postsec.
Community College
Conditions eligibility for state competitive scholarships on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5303.pdf
Title: H.B. 5303
Source: Michigan Legislature

MIVetoed 12/2006Postsec.
Community College
Conditions eligibility for tuition differential grants for students enrolled in independent nonprofit institutions of higher learning on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5308.pdf
Title: H.B. 5308
Source: Michigan Legislature

MIVetoed 12/2006Postsec.
Community College
Conditions part-time independent student higher education grant program eligibility on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/htm/2005-HNB-5302.htm

Title: H.B. 5302
Source: Michigan Legislature

MIVetoed 12/2006Postsec.
Community College
Conditions eligibility for work-study programs for students attending graduate and professional graduate schools and employed by qualified employers, on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5304.pdf
Title: H.B. 5304
Source: Michigan Legislature

MIVetoed 12/2006P-12
Postsec.
Community College
Conditions eligibility for the Legislative Merit Award Scholarships on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5309.pdf
Title: H.B. 5309
Source: Michigan Legislature

MIVetoed 12/2006Postsec.
Community College
Conditions eligibility for work-study programs on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5305.pdf
Title: H.B. 5305
Source: Michigan Legislature

MIVetoed 12/2006Postsec.
Community College
Conditions eligibility for the state Educational Opportunity Grant program on being a U.S. citizen or legal alien with permanent residency status.
http://www.legislature.mi.gov/documents/2005-2006/billenrolled/House/pdf/2005-HNB-5306.pdf
Title: H.B. 5306
Source: Michigan Legislature

CAVetoed 09/2006Postsec.
Community College
Enacts the California Dream Act that requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California to establish procedures and forms that enable persons who are exempt from paying nonresident tuition or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments. Requires fee waivers for specified persons.

Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempted from paying nonresident tuition at the California Community Colleges and the California State University.
http://www.leginfo.ca.gov/pub/bill/sen/sb_0151-0200/sb_160_bill_20060907_enrolled.pdf
Title: S.B. 160
Source: California Legislature

AZApproved by voters 06/2006Postsec.(PROPOSITION SCR 1031-2006) Submits to the people of the State a measure relating to family literacy public program eligibility; prohibits eligibility to persons not legally in the United States or not citizens; requires reporting of the number of students classified as an in-state student and those not entitled; prohibits tuition waivers, fee waivers, financial aid or any financial assistance to persons not citizens and without lawful immigration status; relates to eligibility for child care assistance.
http://www.azleg.gov/legtext/47leg/2r/bills/scr1031h.pdf
See also http://www.azleg.state.az.us/2006_Ballot_Proposition_Analyses/final%20SCR%201031%20public%20programs;%20citizens.pdf
Title: V. 7 (Prop. 300)
Source: AZ Secretary of State

NEGOVERNOR'S veto overridden by LEGISLATURE. 04/2006Postsec.From the fiscal note: allow students to claim resident status if they have a petition pending with the U.S. Immigration and Naturalization Service
to attain lawful status. LB239 would also allow students graduating from Nebraska high schools and applying or intending to apply as
permanent residents to enroll as resident students.
http://www.unicam.state.ne.us/legal/SLIP_LB239.pdf
Title: L.B. 239
Source: http://www.unicam.state.ne.us/

NMSigned into law 04/2005Postsec.
Community College
"NONDISCRIMINATION POLICY FOR ADMISSION TO ANY PUBLIC
POST-SECONDARY EDUCATIONAL INSTITUTION--NONDISCRIMINATION IN
ELIGIBILITY FOR EDUCATION BENEFITS.--
A. A public post-secondary educational institution
shall not deny admission to a student on account of the
student's immigration status.
B. Any tuition rate or state-funded financial aid
that is granted to residents of New Mexico shall also be
granted on the same terms to all persons, regardless of
immigration status, who have attended a secondary educational
institution in New Mexico for at least one year and who have
either graduated from a New Mexico high school or received a
general educational development certificate in New Mexico."

http://legis.state.nm.us/Sessions/05%20Regular/final/SB0582.pdf
Title: S.B. 582
Source: StateNet

RIPassed 07/2004Postsec.
Community College
Bill as written would have prohibited the Board of Governors for Higher Education from denying admission to any state secondary institution of higher learning based solely upon the applicant's undocumented immigration status or failure to provide proof of the issuance of a valid Social Security number; prohibits the public institution of higher learning from considering the immigration and naturalization status of the parents of the applicant to the institution. Was amended to resolution status recommending that the Board of Governors for Higher Education review its admission and residency policies with regard to international students.
Title: H.B. 7936
Source: StateNet

KSSigned into law 05/2004Postsec.Concerns certain nonresidents deemed to be residents for purposes of tuition and other fees at postsecondary educational institutions; makes provisions for persons without lawful immigration status under certain circumstances. Would provide that individuals who have attended a Kansas high school or who have lived in Kansas for three years and are a student at a postsecondary education institution are considered residents of the state for the purpose of tuition and fees.  Would allow undocumented immigrants, who are currently required to pay non-resident tuition, to pay resident tuition. 
Title: H.B. 2145
Source: StateNet

KYSigned into law 04/2004Postsec.Amend KRS 164.020 to require the Council on Postsecondary Education in defining in-state residency to include a student who met the residency requirements at the beginning of his or her last year in high school.
Title: S.B. 200
Source: StateNet

ILSigned into law 05/2003Postsec.Requires an individual who is not a citizen or permanent resident of the United States to be classified as an Illinois resident if they graduated from a high school in this state, among other conditions. Provides that certain aliens must be given the same privilege of qualifying for resident status for tuition and fee purposes as a citizen of the United States. Provides for reimbursement to the university for lost revenue. http://www.legis.state.il.us/legislation/BillStatus.asp?DocNum=60&GAID=3&DocTypeID=HB&LegId=195&SessionID=3
Title: H.B. 60
Source: Illinois Legislative Web site

OKSigned into law 05/2003Postsec.New section sets new standards for resident tuition. Requires the Oklahoma State Regents for Higher Education to adopt a policy which allows a student to enroll in an institution within The Oklahoma State System of Higher Education and allows a student to be eligible for resident tuition if the student: 1. Graduated from a public or private high school in this state or successfully completed the General Educational Development test in this state; and 2. Resided in the state with a parent or guardian for at least two (2) years prior to: a. graduation from high school, or b. successful completion of the General Educational Development test.Relates to higher education. If the student is without lawful immigration status:, (s)he must a. file an affidavit with the institution stating that the student has filed an application or has a petition pending with the Bureau of Citizenship and Immigration Services to legalize the student's immigration status, or b. file an affidavit with the institution stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so. High school counselors shall inform immigrant students that they should apply for legal status as soon as possible to enhance their opportunity for higher education in Oklahoma. C. Any student who meets the criteria prescribed in subsections A and B of this section shall not be disqualified on the basis of the student's immigration status from any scholarships or financial aid provided by this state. http://www2.lsb.state.ok.us/2003-04SB/sb596_enr.rtf
Title: S.B. 596
Source: http://www2.lsb.state.ok.us

WAVetoed 04/2003Postsec.Expands the definition of resident student for higher education purposes. Adds (e) Any person who has completed the full senior year of high school and obtained a high school diploma, both at a Washington public high school or private high school approved under chapter 28A.195 RCW, or a person who has received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving the diploma or its equivalent; who has continuously lived in the state of Washington after receiving the diploma or its equivalent and until such time as the individual is admitted to an institution of higher education under subsection (1) of this section; and who provides to the institution an affidavit indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so and a willingness to engage in any other activities necessary to acquire citizenship, including but not limited to citizenship or civics review courses. New sections: It is the intent of the legislature to ensure that students who receive a diploma from a Washington state high school or receive the equivalent of a diploma in Washington state and who have lived in Washington for at least three years prior to receiving their diploma or its equivalent are eligible for in-state tuition rates when they enroll in a public institution of higher education in Washington state. The provisions of apply only to families of those who hold or entered the United States with work visas, temporary protected status visas, or green cards, or who have received amnesty from the federal government. http://www.leg.wa.gov/pub/billinfo/2003-04/House/1075-1099/1079_pl.pdf
Title: H.B. 1079
Source: StateNet

NYSigned into law 08/2002Postsec.Provides that payment of state university of New York or City University of New York tuition by non-resident students who have attended two years of high school or graduated high school in New York (or received GED in New York) shall be paid at a rate no greater than that imposed on resident students; illegal immigrant students must prove they have filed application for legal status. http://assembly.state.ny.us/leg/?bn=S07784&sh=t
Title: S.B. 7784
Source: http://assembly.state.ny.us

UTSigned into law 03/2002Postsec.The bill changes the period of continuous residence in Utah for a non-resident student prior to registering as a resident student. The impact could vary by institution, however, the net impact, once fully implemented, is an estimated increase of $5,000,000 in dedicated credits revenue. A person who has come to Utah and established residency for the purpose of attending an institution of higher education shall, prior to registration as a resident student : maintain continuous Utah residency status while completing 60 semester credit hours at a regionally accredited Utah higher education institution or an equivalent number of applicable contact hours at the Utah College of Applied Technology; and (b) demonstrate by additional objective evidence, including Utah voter registration, Utah drivers license, Utah vehicle registration, employment in Utah, payment of Utah resident income taxes, and Utah banking connections, the establishment of a domicile in Utah and that the student does not maintain a residence elsewhere. http://www.le.state.ut.us/~2002/bills/hbillenr/hb0331.htm
Title: H.B. 331
Source: http://www.le.state.ut.us/house/index.htm

TXSigned into law 05/2001Postsec.Amends residency requirements. Act requires foreign citizens to pay the same tuition as out-of-state students unless they can establish residency by living with a parent/guardian while attending and graduating from a Texas public or private high school or receiving the equivalent of a diploma; residing in Texas for at least three years after high school; registering as an entering student in higher education fall 2001 or later; and providing the institution an affidavit stating they will file an application for permanent residency status as soon as they are eligible to do so. Individuals 18 years old or younger may pay in-state tuition rates if the parent who is joint-conservator is a resident or if the co-conservator with whom the child does not reside is a resident and is not delinquent on child support payments. An alien who has applied to attain lawful status with the Immigration and Naturalization Service can qualify for in-state residency status under the same criteria as an U.S. citizen.
Title: H.B. 1403
Source: Lexis-Nexis/StateNet

CASigned into law 04/2001P-12
Postsec.
This bill would require that a person, other than a nonimmigrant alien as defined, who has attended high school in California for 3 or
more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an
accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001-02 academic year, and
who, if he or she is an alien without lawful immigration status, has filed an affidavit as specified, be exempted from paying nonresident
tuition at the California Community Colleges and the California State University.
Title: A.B. 540
Source:

NMSigned into law 04/2001Postsec.Amends the definition of resident student for the purposes of assessing in-state tuition at a NM public college or university (Section 21-1-3 NMSA 1978). The definition is expanded to include foreign nationals assigned to armed forces active duty in New Mexico.
Title: H.B. 375
Source: Lexis-Nexis/StateNet

+ Postsecondary Faculty
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