Report Title:
Immigrant Students; Resident Tuition
Description:
Allows qualified immigrant students who have attended in-state high schools for at least two years to qualify for resident tuition rates.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
873 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to ACCESS TO POSTSECONDARY EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many immigrant high school students have lived in the State most of their lives and are likely to remain residents. These students are nevertheless precluded from obtaining an affordable college education because they do not qualify for resident tuition rates. Without resident tuition, many of these students are unable to attend college. These students have already proven their academic eligibility and merit by being accepted into the University of Hawaii system. Making it possible for these students to attend college will increase the State's college-educated workforce and stimulate economic growth.
Accordingly, the purpose of this Act is to allow immigrant students and potential immigrant students to qualify for resident tuition at the University of Hawaii system under certain conditions.
This Act does not confer post-secondary education benefits on the basis of residence within the meaning of 8 United States Code 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)[.];
(3) In the case of an alien student, other than a non-immigrant alien within the meaning of title 8 of the United States Code, section 1101(a)(15), the student meets all of the following requirements:
(A) High school attendance in Hawaii for two or more years;
(B) Graduation from a high school in Hawaii or attainment of the equivalent; and
(C) Registration as an entering student at, or current enrollment in, the University of Hawaii system; and
(4) In the case of a student without legal immigration status, the filing of 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.
Student information obtained in the implementation of this paragraph shall be confidential. In the event of any lawsuit based upon this paragraph or rules adopted thereunder, a state court may award only prospective injunctive and declaratory relief to a party."
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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