Access to Postsecondary Education Act
Summary: The Access to Postsecondary Education Act provides in-state university and college tuition rates to qualified immigrant students who have attended state high schools for at least two years.
SECTION 1. SHORT TITLE
This Act shall be called the “Access to Postsecondary Education Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds:
1. Many [State] immigrant high school students have lived in the state most of their lives, and are likely to remain residents. These students are precluded from obtaining an affordable college education because they do not qualify for in-state tuition rates. Without access to in-state tuition rates, many of these students are not able to attend college.
2. These students have already proven their academic eligibility and merit through their admission to the state college and university system.
3. The state’s college-educated workforce will grow and economic growth will be stimulated if these students attend college.
4. This Act does not confer postsecondary education benefits on the basis of residence within the meaning of Section 1623 of Title 8 of the United States Code.
(B) PURPOSE—This law is enacted to provide educational opportunity to children who live and who have graduated from high school in [State], improving the overall economic condition of the state.
SECTION 3. ACCESS TO POSTSECONDARY EDUCATION
After section XXX, the following new section XXX shall be inserted:
(A) QUALIFICATIONS FOR IN-STATE TUITION RATES
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 qualify for in-state tuition rates at [State] state universities and colleges if he or she meets all of the following requirements:
1. High school attendance in [State] for two or more years.
2. Graduation from a [State] high school or attainment of the equivalent thereof.
3. Registration as an entering student at, or current enrollment in, a public institution of higher education in [State].
4. In the case of a person without legal immigration status, the filing of an affidavit with the institution of higher education that states that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.
(B) ADMINISTRATION
1. The [Trustees of the University System] and the [Board of Governors of the Community College System] shall prescribe rules and regulations for the implementation of this section.
2. Student information obtained in the implementation of this section shall be confidential.
(C) ENFORCEMENT
A state court may award only prospective injunctive and declaratory relief to a party in any lawsuit based upon this section or based upon rules and regulations prescribed to implement this section.
SECTION 4. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.