(1) Notwithstanding any other provision of this article to the contrary, a student, other than a nonimmigrant alien, must be classified as an in-state student for tuition purposes if:
The student attended a public or private high school in Colorado for at least threeyears immediately preceding the date the student either graduated from a Colorado high school or successfully completed a high school equivalency examination, as defined in section 22-33102 (8.5), C.R.S., in Colorado; and
Except as provided in subsection (3) of this section, within twelve months after graduating or successfully completing a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., in Colorado, the student is admitted to a Colorado institution or attends an institution of higher education under a reciprocity agreement pursuant to section 23-1112.
(2) (a) In addition to satisfying the requirements set forth in subsection (1) of this section, a student seeking tuition classification as an in-state student pursuant to this section who does not have lawful immigration status must submit an affidavit to the institution to which the student is admitted, stating that the student has applied for lawful presence or will apply as soon as he or she is eligible to do so.
(b) The institution shall not count a student described in subsection (2)(a) of this section as a resident for any purpose other than tuition classification; except that the student is eligible for the college opportunity fund program pursuant to the provisions of part 2 of article 18 of this title 23 and state student financial assistance pursuant to article 3.3 of this title 23, upon confirmation of the student's uniquely identifying student number provided by the local education provider where the student graduated from high school or successfully completed his or her high school equivalency examination, as defined in section 22-33-102 (8.5), and may be eligible for institutional or other private financial aid programs.
A student who satisfies the requirements of paragraph (a) of subsection (1) of thissection, who is subject to the provisions of paragraph (a) of subsection (2) of this section, and who graduated or successfully completed his or her high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., prior to September 1, 2013, but was not admitted to an institution within twelve months after graduating or completing the high school equivalency examination, must be classified as an in-state student for tuition purposes so long as the student has been physically present in Colorado on a continuous basis for at least eighteen months prior to enrolling in the institution.
Any information provided to satisfy the criteria specified in this section shall beconfidential unless disclosure is explicitly required by law. An institution that receives an affidavit described in subsection (2) of this section shall treat the affidavit as an education record of the student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g.
This section provides an additional option for a student seeking classification as anin-state student for tuition purposes. This section shall not be interpreted to impose additional requirements upon a student seeking classification as an in-state student under any other section of this article.
Source: L. 2008: Entire section added, p. 884, § 1, effective May 20. L. 2013: Entire section R§RE, (SB 13-033), ch. 156, p. 504, § 1, effective April 29. L. 2014: (1), (2)(b), and (3) amended, (SB 14-058), ch. 102, p. 382, § 14, effective April 7. L. 2019: (2)(b) amended, (HB 19-1196), ch. 162, p. 1894, § 1, effective May 13.
Cross references: For the legislative declaration in the 2013 act amending this section, see section 3 of chapter 156, Session Laws of Colorado 2013.