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2003 SESSION

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HB 1610 In-state tuition for certain alien students.

Introduced by: L. Karen Darner | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

In-state tuition for certain alien students. Provides eligibility for in-state tuition, but not classification as a Virginia resident, to any alien not holding an immigration visa or not classified as a political refugee upon a showing of clear and convincing evidence that such alien (i) attended a public or private high school in the Commonwealth for 2 or more years; (ii) received a high school diploma or a general educational development certificate from a public or private high school in the Commonwealth; (iii) registers as an entering student in a public institution of higher education in the Commonwealth not earlier than the 2003-2004 academic year; and (iv) files an affidavit with the enrolling public institution of higher education in the Commonwealth stating that the individual will file an application to become a permanent resident within 90 days of the date such individual becomes eligible to do so.

Individuals eligible for reduced tuition would also be entitled to the same rights and benefits as other in-state students, including eligibility for state financial aid, scholarships, and grants.

The State Council, in consultation with the governing board of the Virginia Community College System, shall develop guidelines for the grants of eligibility for reduced tuition and state financial aid, scholarships, and grants for these individuals.

Unless otherwise required by federal or state law, any information submitted to any of the System's institutions by such students will remain confidential and cannot be released without the express consent of the student.

Current subsection C would continue to deny eligibility for in-state tuition to alien students "holding a student or other temporary visa ...[as he does] not have the capacity to intend to remain in Virginia indefinitely and, therefore...[is] ineligible for Virginia domicile and for in-state tuition charges."

Section 23-7.4 is cross-referenced throughout the Code of Virginia for purposes of defining "domicile," "domiciliary status," "bona fide resident," and other similar terms. The grant of eligibility for in-state tuition provided by this measure does not confer domicile on the alien student; the only other provision referencing students who are granted in-state tuition under this section is § 23-7.4:2, which permits a community college to charge in-state tuition to " [a]ny student from a foreign country who is enrolled in a foreign exchange program approved by the state institution during the same period that an exchange student from the same state institution, who is entitled to in-state tuition pursuant to § 23-7.4, is attending the foreign institution."


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