Report Title:

Immigrant students; resident tuition

Description:

Allows qualified immigrant students who have not achieved legal immigration status to qualify for resident tuition rates.

HOUSE OF REPRESENTATIVES

H.B. NO.

1051

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to immigrants.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that certain immigrant students in Hawaii who have attended grade schools in this State, have lived here most of their lives, and are likely to remain residents, are precluded from obtaining an affordable college education because they do not qualify for resident tuition rates. These students have proven their academic eligibility and merit by being accepted into the University of Hawaii (UH) system, but many of them will not be able to attend school because they cannot afford the more expensive tuition rates.

The only reason these students are not granted in-state tuition rates is that they have not yet achieved legal immigration status within the United States. Only students with valid immigrant visas are eligible for residency status, regardless of whether they qualify for resident tuition in all other ways. Making it possible for these students, who have demonstrated academic excellence and dedication to the State, to attend college in Hawaii will increase the State's productivity and stimulate economic growth.

Accordingly, the purpose of this Act is to allow immigrant students who have been accepted to attend, or are enrolled at, any school within the UH system to qualify for resident tuition if they:

(1) Graduated from a Hawaii high school and attended high school in Hawaii for at least three years; or

(2) Received a general education diploma (GED) in Hawaii; and

(3) Demonstrated that they have applied or shall apply for legal immigration status.

This Act does not confer post-secondary education benefits on the basis of residence within the meaning of 8 U.S.C section 1623.

SECTION 2. Section 304-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The board shall adopt the necessary rules defining residence for tuition purposes herein; provided that the basic rule shall be that a student shall qualify for the resident tuition fee only if the following criteria are met:

(1) The adult student, or in the case of a minor student, the student's parents or guardians, has been a bona fide resident of this State for at least twelve consecutive months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus; [and]

(2) The adult or minor student has not been claimed as a dependent for tax purposes for at least twelve months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus by the student's parents or guardians who are nonresidents of the State; provided that this provision shall not apply in cases where the parent claiming the student as a dependent is entitled to do so under a child support order or agreement issued or entered into in conjunction with a divorce proceeding or legal separation agreement, and the other parent and the student meet the criteria set forth in paragraph (1)[.]; and

(3) In the case of an alien student, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States code, the student has:

(A) Attended a high school in Hawaii for at least three years and graduated from a high school in Hawaii; or

(B) Received a general education diploma (GED) in Hawaii; and

(C) Filed an affidavit with the university stating that the student has filed an application to legalize the student's immigration status, or will file an application when eligible to do so."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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