53B-8-106. Resident tuition — Requirements — Rules.
| (1) |
If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
Terms Used In Utah Code 53B-8-106- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
attended high school in this state for three or more years; |
| (b) |
graduated from a high school in this state or received the equivalent of a high school diploma in this state; and |
| (c) |
registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year. |
|
| (2) |
In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so. |
| (3) |
The board shall make rules for the implementation of this section. |
| (4) |
Nothing in this section limits the ability of institutions of higher education to assess nonresident tuition on students who do not meet the requirements under this section. |
Amended by Chapter 365, 2020 General Session
