BILL REQ. #: S-1565.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/17/11. Referred to Committee on Higher Education & Workforce Development.
AN ACT Relating to preventing illegal immigrants from qualifying as resident students for purposes of in-state tuition and financial aid; and amending RCW 28B.15.012.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28B.15.012 and 2010 c 183 s 1 are each amended to read
as follows:
Whenever used in this chapter:
(1) The term "institution" shall mean a public university, college,
or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a domicile in the
state of Washington for the period of one year immediately prior to the
time of commencement of the first day of the semester or quarter for
which the student has registered at any institution and has in fact
established a bona fide domicile in this state primarily for purposes
other than educational;
(b) A dependent student, if one or both of the student's parents or
legal guardians have maintained a bona fide domicile in the state of
Washington for at least one year immediately prior to commencement of
the semester or quarter for which the student has registered at any
institution;
(c) A student classified as a resident based upon domicile by an
institution on or before May 31, 1982, who was enrolled at a state
institution during any term of the 1982-1983 academic year, so long as
such student's enrollment (excepting summer sessions) at an institution
in this state is continuous;
(d) Any student who has spent at least seventy-five percent of both
his or her junior and senior years in high schools in this state, whose
parents or legal guardians have been domiciled in the state for a
period of at least one year within the five-year period before the
student graduates from high school, and who enrolls in a public
institution of higher education within six months of leaving high
school, for as long as the student remains continuously enrolled for
three quarters or two semesters in any calendar year;
(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;)) Any person who has lived in Washington, primarily for
purposes other than educational, for at least one year immediately
before the date on which the person has enrolled in an institution, and
who holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15)
(E)(iii), (H)(i), or (L), or who holds lawful nonimmigrant status as
the spouse or child of a person having nonimmigrant status under one of
those subsections, or who, holding or having previously held such
lawful nonimmigrant status as a principal or derivative, has filed an
application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);
(f)
(((g))) (f) A student who is on active military duty stationed in
the state or who is a member of the Washington national guard;
(((h))) (g) A student who is the spouse or a dependent of a person
who is on active military duty stationed in the state. If the person
on active military duty is reassigned out-of-state, the student
maintains the status as a resident student so long as the student is
continuously enrolled in a degree program;
(((i))) (h) A student who resides in the state of Washington and is
the spouse or a dependent of a person who is a member of the Washington
national guard;
(((j))) (i) A student of an out-of-state institution of higher
education who is attending a Washington state institution of higher
education pursuant to a home tuition agreement as described in RCW
28B.15.725;
(((k))) (j) A student who meets the requirements of RCW
28B.15.0131: PROVIDED, That a nonresident student enrolled for more
than six hours per semester or quarter shall be considered as attending
for primarily educational purposes, and for tuition and fee paying
purposes only such period of enrollment shall not be counted toward the
establishment of a bona fide domicile of one year in this state unless
such student proves that the student has in fact established a bona
fide domicile in this state primarily for purposes other than
educational;
(((l))) (k) A student who resides in Washington and is on active
military duty stationed in the Oregon counties of Columbia, Gilliam,
Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
Union, Wallowa, Wasco, or Washington; or
(((m))) (l) A student who resides in Washington and is the spouse
or a dependent of a person who resides in Washington and is on active
military duty stationed in the Oregon counties of Columbia, Gilliam,
Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
Union, Wallowa, Wasco, or Washington. If the person on active military
duty moves from Washington or is reassigned out of the Oregon counties
of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas,
Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington, the
student maintains the status as a resident student so long as the
student resides in Washington and is continuously enrolled in a degree
program.
(3) The term "nonresident student" shall mean any student who does
not qualify as a "resident student" under the provisions of this
section and RCW 28B.15.013. Except for students qualifying under
subsection (2)(((e) or (j))) (i) of this section, a nonresident student
shall include:
(a) A student attending an institution with the aid of financial
assistance provided by another state or governmental unit or agency
thereof, such nonresidency continuing for one year after the completion
of such semester or quarter.
(b) A person who is not a citizen of the United States of America
who does not have permanent or temporary resident status or does not
hold "Refugee-Parolee" or "Conditional Entrant" status with the United
States citizen and immigration services or is not otherwise permanently
residing in the United States under color of law and who does not also
meet and comply with all the applicable requirements in this section
and RCW 28B.15.013.
(4) The term "domicile" shall denote a person's true, fixed and
permanent home and place of habitation. It is the place where the
student intends to remain, and to which the student expects to return
when the student leaves without intending to establish a new domicile
elsewhere. The burden of proof that a student, parent or guardian has
established a domicile in the state of Washington primarily for
purposes other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not financially
independent. Factors to be considered in determining whether a person
is financially independent shall be set forth in rules and regulations
adopted by the higher education coordinating board and shall include,
but not be limited to, the state and federal income tax returns of the
person and/or the student's parents or legal guardian filed for the
calendar year prior to the year in which application is made and such
other evidence as the board may require.
(6) The term "active military duty" means the person is serving on
active duty in:
(a) The armed forces of the United States government; or
(b) The Washington national guard; or
(c) The coast guard, merchant mariners, or other nonmilitary
organization when such service is recognized by the United States
government as equivalent to service in the armed forces.