Colorado Rights Blog

SB 126: Unsubsidized In-state Tuition

Bill Number: SB11 126
Year: 2011
ACLU Position: Active Support
Sponsors: Giron and Johnston, Bacon, Foster, Guzman, Heath, Hodge, Morse, Nicholson, Shaffer B., Steadman, Williams S., Miklosi and Williams A., Duran, Fields, Hullinghorst, Levy, Pabon, Solani


The bill allows a student, other than certain foreign students or trainees defined in federal law, to be classified as an unsubsidized in-state student for tuition purposes so long as the student:

  • Attended a public or private high school in Colorado for 3 or more years immediately preceding the date the student graduated from a Colorado high school or earned a general educational development certificate (certificate) in Colorado; and
  • Is admitted to an institution of higher education in Colorado within 12 months after graduating from high school or earning a certificate.

The bill provides a one-year exception to the eligibility requirements for a student who meets all of the eligibility requirements but was not admitted into an institution of higher education within 12 months after graduating from high school or earning a certificate. The
exception is repealed on July 1, 2012. A student applying for the tuition classification who does not have documentation of lawful immigration or nationality status shall submit an affidavit to the institution of higher education, stating that he or she is requesting documentation of, has applied for, or will be applying for lawful status as soon as he or she is eligible. The information contained
in the affidavit is confidential and is a protected education record of the student.

A student classified as an unsubsidized in-state student is not eligible for a college opportunity fund stipend or for any state-funded,
need-based financial aid. Eligibility for the tuition classification is not based upon residency. A student who qualifies for unsubsidized in-state student tuition classification shall not be counted as a resident, and the tuition classification shall not be deemed to establish residency or domicile for any purpose.

Verification of lawful presence in the United States is not required for persons applying for unsubsidized tuition classification. 

Current Status:

01/31/2011 Introduced In Senate - Assigned to Education
01/31/2011 Introduced In Senate - Assigned to Education + Finance
01/31/2011 Introduced In Senate - Assigned to Education + Finance + Appropriations
02/17/2011 Senate Committee on Education Refer Unamended to Finance
02/22/2011 Senate Committee on Finance Refer Amended to Appropriations
02/25/2011 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
03/01/2011 Senate Second Reading Laid Over Daily
03/04/2011 Senate Second Reading Laid Over to 03/09/2011

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