H-2216 _______________________________________________
HOUSE BILL NO. 1180
_______________________________________________
C 137 L 87
State of Washington 50th Legislature 1987 Regular Session
By Representatives Brough and Winsley
Read first time 3/4/87 and referred to Committee on Ways & Means.
AN ACT Relating to residency requirements for students who have attended Washington high schools recently; and amending RCW 28B.15.012.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 273, Laws of 1971 ex. sess. as last amended by section 62, chapter 370, Laws of 1985 and RCW 28B.15.012 are each amended to read as follows:
Whenever used in chapter 28B.15 RCW:
(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; ((or)) (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; or (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: 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.
(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.011 through 28B.15.014 and 28B.15.015, each as now or hereafter amended. 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 resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service and who does not also meet and comply with all the applicable requirements in RCW 28B.15.011 through 28B.15.014 and 28B.15.015, each as now or hereafter amended.
(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.