Section 101. Legislative declaration. It is the intent of the general assembly that the state institutions of higher education shall apply uniform rules, as prescribed in this article and not otherwise, in determining whether students are classified as in-state students or out-of-state students for tuition purposes.
Section 102. Definitions . As used in this article, unless the context otherwise requires:
(1) Repealed.
(2) "Domicile" means a person's true, fixed, and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
(3) "Emancipated minor" means a minor whose parents have entirely surrendered the right to the care, custody, and earnings of such minor, no longer are under any duty to support or maintain such minor, and have made no provision for the support of such minor.
(4) "His" applies to the female as well as the male sex.
(5) "In-state student" means a student who has been domiciled in Colorado for one year or more immediately preceding registration at any institution of higher education in Colorado for any term or session for which domiciliary classification is claimed, but attendance at an institution of higher education, public or private, within the state of Colorado shall not alone be sufficient to qualify for domicile in Colorado . "In-state student" includes a member of the armed forces of the United States or his dependents who qualify under section 23-7-103 (1) (c).
(6) "Institution" means a Colorado college, university, or junior college supported partially or entirely by appropriations made by the general assembly.
(7)"Minor" means a male or female person who has not attained the age of twenty-two years.
(8) "Parent-qualified student" means an unemancipated minor who is not domiciled in Colorado but who has a parent domiciled in Colorado .
(9) "Qualified person" means a person qualified to determine his or her own domicile. A person over the age of twenty-two years or a student commencing a postbaccalaureate degree-granting program or an emancipated minor is so qualified.
Section 103. Presumptions and rules for determination of status.
(1) Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that:
(a) The domicile of an unemancipated minor is that of the parent with whom he resides or, if there is a guardian of this person, that of such guardian, but only if the court appointing such guardian (who has legal custody of the minor child as defined in section 19-1-103 (73), C.R.S.) certifies that the primary purpose of such appointment is not to qualify such unemancipated minor as a resident of this state and that his parents, if living, do not provide substantial support to the minor child.
(b) Repealed.
(c) (I) A person does not gain or lose in-state status by reason of his presence in any state or country while a member of the armed forces of the United States or a dependent of said member; but a member of the armed forces or a dependent of said member is eligible for in-state status if the member is domiciled in Colorado for twelve continuous months prior to enlistment and returns to Colorado within six months following discharge from the military. A member of the armed forces shall be eligible to obtain in-state status, notwithstanding the length of his residency, upon moving to Colorado on a permanent change-of-station basis or on a temporary assignment to duty in Colorado; except that such in-state status shall not be considered in determining limitations on maximum enrollment placed on institutions of higher education in Colorado and such in-state status shall be subject to the limitations in subparagraph (II) of this paragraph (c). A member of the armed forces may apply for in-state tuition classification for any of his dependents, including but not limited to a spouse, upon meeting the requirements of this section. After qualifying as an in-state student and while continuously enrolled as an undergraduate or graduate student at an institution of higher education in Colorado , a dependent of a member of the armed forces of the United States on active duty shall not lose the dependent's in-state tuition status if the member is transferred outside of Colorado . A person who is a dependent of a member of the armed forces of the United States who was on active duty in Colorado during the person's last year of high school, and who attended a public institution of higher education in Colorado within twelve months after graduating from a high school in Colorado, shall be eligible for in-state tuition; except that such a person is not eligible for in-state tuition under this provision if the person has attended an institution of higher education outside of Colorado.
(II) Notwithstanding any provision of section 23-18-102 (5) to the contrary, a member of the armed forces or his dependent who obtains in-state status upon moving to Colorado on a temporary assignment to duty in Colorado shall not be eligible to receive a stipend pursuant to part 2 of article 18 of this title unless said member or dependent is eligible to obtain in-state status under another provision of this section.
(III) Repealed.
(d) The establishment of a new domicile in Colorado by a qualified person formerly domiciled in another state has occurred if he is physically present in Colorado without a present intention to return to such other state or to acquire a domicile at some other place outside of Colorado ;
(e) Once established, a domicile has not been lost by a mere absence unaccompanied by intention to establish a new domicile;
(f) The establishment of a Colorado domicile for twelve continuous months in accordance with the provisions of this article by the parent of a parent-qualified student entitles the student to in-state tuition rates;
(g) A minor is unemancipated.
(2) To aid the institutions in deciding whether a student, a parent or guardian of the student, or the person who provides substantial support to the student is domiciled in Colorado , the following rules shall be applied:
(a) Payment of Colorado income tax is highly persuasive evidence of domicile in Colorado . If spouses file income tax returns in different states, the income tax paid to each state may be considered in determining whether domicile in Colorado is proper.
(b) Nonpayment of Colorado income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Colorado domicile.
(c) After a student has registered at an institution, his classification for tuition purposes remains unchanged in the absence of clear and convincing evidence to the contrary. Such evidence shall be reduced to writing and filed with the registering authority of the college. Changes in classification established by such evidence, whether from out-of-state to in-state or the reverse, shall be in writing, signed by the registering authority of the college, and given effect at the time of the student's next registration.
(d) A qualified person cannot establish a new domicile in Colorado if he lacks the intention of doing so.
(e) No person may establish a domicile in Colorado solely for the purpose of changing a student's classification for tuition purposes from out-of-state to in-state. Any student who is classified for tuition purposes as an out-of-state student at the time of registration at an institution and who personally or through his parents, his guardian, or the person who provides substantial support to him seeks to establish Colorado domicile while registered shall be presumed to seek to establish Colorado domicile solely for tuition purposes in the absence of clear and convincing evidence to the contrary.
(f) The following may be considered evidence of domicile even though no one of these criteria, if taken alone, may be considered as conclusive evidence of domicile:
(I) Employment in Colorado, other than that normally provided on a temporary basis to students by an institution of higher education or other temporary employment;
(II) Ownership of residential real property in Colorado;
(III)Graduation from a high school located in Colorado;
(IV)Continued residence in the state of Colorado during periods when not enrolled as a student or during periods between academic sessions;
(V)Acceptance of future employment in the state of Colorado ;
(VI)Vehicle registration in Colorado ;
(VII)Any other factor peculiar to the individual which tends to establish the necessary intent to make Colorado a permanent home;
(VIII)Voter registration in Colorado .(g) The following may be considered as evidence of domicile in another state even though no one of these criteria, if taken alone, may be considered as conclusive evidence of domicile in another state:
(I)Failure to comply with any law imposing a mandatory duty upon a domiciliary or resident of this state;
(II)Maintenance of a home in another state;
(III)Prolonged absence from Colorado, except in military or governmental service or except when the absence is due to a temporary relocation required as a condition of employment which the employer does not intend to make permanent or except when the student has been out of state for less than three years and such student's parent or legal guardian was and continues to be a resident of Colorado;
(IV)Return to one's former residence for a substantial portion of the time during periods when not enrolled as a student or between academic sessions;
(V)Vehicle registration in another state;
(VI)Any other factor peculiar to the individual which tends to establish the fact that his permanent home is in another state.(h) The following may be considered as evidence of emancipation for the purposes of this article even though no one of these criteria, if taken alone, may be considered as conclusive evidence of emancipation:
(I) An affidavit of the parents stating their relinquishment of any claim or right to the care, custody, and earnings of the minor as well as the duty to support the minor;
(II)Entry into the military service by the minor;
(III)Failure of the parents to provide financial support to the minor, coupled with the evidence that the minor is independently able to meet his own financial obligations, including the costs of his education;
(IV)Any other factor peculiar to the individual which tends to establish that he is independent of his parents and is providing his own support.(i) The following may be considered as evidence of nonemancipation for the purpose of this article even though no one of these criteria, if taken alone, may be considered as conclusive evidence of nonemancipation:
(I)The claiming of a minor as a dependent for the purpose of income taxation;
(II)Receipt of gifts, loans, or trust proceeds from an inter vivos trust by a minor regardless of the date of receipt thereof which the minor depends upon for financial support, whether the gifts, loans, or trusts from which proceeds are paid are made by the parents, any other relative, or a friend of the minor; (III)Residence in the home of his parents by the minor, except for temporary visits;
(IV)Any other factor peculiar to the individual which tends to establish that he lacks independence and is dependent upon his parents.(j) The marriage of a minor results in his emancipation.
(k) The establishment of a Colorado domicile shall be the burden of the person seeking to establish domicile. The registering authority of any state institution of higher education shall require the individual seeking to establish domicile to support his claim by clear and convincing evidence of the validity of the claim. The registering authority may require the individual seeking to establish domicile to complete forms prepared by the Colorado Commission on Higher Education for the purpose of aiding him in his determination and to provide such documentation as may be required to support the classification.
(l) Only a qualified person can establish a domicile.
(m) (I)Any person who himself or, if an unemancipated minor, through his parent or legal guardian has had an established domicile in this state for not less than one year shall not be considered to have lost such domicile for tuition purposes unless such person would be classified as an in-state student for tuition purposes in another state if the rules and presumptions in this section for classification as an in-state student were applied in such other state to such person.
(II)Any unemancipated minor whose parent or legal guardian was domiciled in Colorado for at least the four immediately preceding years and whose parent or legal guardian moves from this state shall be classified as an in-state student if:
(A)The parent or legal guardian leaves the state after the minor completes his junior year of high school and the minor matriculates at a Colorado institution within three years and six months after the time the parent or legal guardian leaves the state; or
(B)Notwithstanding his or her unemancipated status, the minor maintains continuous Colorado domicile subject to all other provisions of this section.
(n) Participation in an education expense program shall not be considered evidence of domicile in this state or in another state.
(o) A foreign national, notwithstanding an intention to return to his or her country of origin or ineligibility to establish domicile in the United States pursuant to federal law, shall be eligible for classification as an in-state student subject to all other provisions of this section if the primary purpose of the foreign national's residence in Colorado, pursuant to federal immigration regulations, is other than for his education or for the education of a family member. The Colorado Commission on Higher Education shall designate those nonimmigrant classifications under which such foreign nationals may qualify as in-state students. In no event shall said designation displace students who would otherwise qualify as Colorado residents for in-state tuition classification purposes.
(3) An unemancipated minor qualifies for a change in his classification to in-state student for tuition purposes only if either of his parents, regardless of custody or parental responsibilities, or his legal guardian has completed the requirements for establishing a Colorado domicile. Eligibility for classification as an in-state student for tuition purposes shall be lost if both of his parents, regardless of custody or parental responsibilities, or his legal guardian has lost eligibility. An emancipated minor or adult who has registered as a student does not qualify for a change in his classification to in-state student for tuition purposes unless he has established and maintained a domicile for twelve continuous months in this state.
Section 23-7-104. Commission to recommend enrollment incentive program . The Colorado Commission on Higher Education shall propose an enrollment incentive program for summer sessions at state-supported colleges and universities and make recommendations for the legislative implementation thereof to the education committees of the general assembly on a yearly basis. Such recommendations shall be accompanied by an analysis of the fiscal impact of differentiated tuition levels, projections of the extent of the effect that summer school tuition rates have on overall enrollment, and a summary of the experiences any other states may have had in implementing a similar program.
Section 23-7-105. Tuition classification of Olympic athletes.
(1) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, every athlete who otherwise would not be classified as an in-sate student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the athlete is:
(a) In residence and in training at the United States Olympic training center at Colorado Springs ;
(b) In residence in Colorado Springs and in training at the Olympic training center at Colorado Springs in a program approved by the governing body for the athlete's Olympic sport; or
(c) In residence in Colorado Springs and in training at a facility in Colorado Springs approved by the governing body for the athlete's Olympic sport and in a program approved by such body.
(2) If a student is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that no such student shall be entitled to receive state financial aid.
(3) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section.
Section 23-7-106. Tuition classification of Canadian military personnel.
(1) Notwithstanding any other provisions of this article to the contrary, any member of the military forces of Canada stationed in Colorado , or the dependent of any such member, shall receive in-state tuition status at any institution of higher education in this state. No member of the Canadian military shall be deemed to be stationed in this state unless he maintains a full-time principal residence in this state. In-state tuition status for Canadian military personnel or their dependents shall terminate at the conclusion of the current quarter or semester upon transfer to any station outside of this state.
(2) No student classified as an in-state student pursuant to this section shall be counted as a resident student for any purpose other than tuition classification.
(3) The Colorado Commission on Higher Education shall report annually, with their budget request, on the enrollment of Canadian military personnel in Colorado institutions of higher education.
Section 23-7-107. Tuition classification of Chinese and Russian students in graduate public policy programs
(1) Notwithstanding any other provision of this article to the contrary, but subjection to subsections (4) and (5) of this section, up to a total of twenty-five students deserving of financial support per year from the Commonwealth of Independent States and the People's Republic of China, five of whom shall be of Tibetan nationality, if possible, who are enrolled in a qualifying master's program at a graduate school of public affairs at a state-supported institution of higher education may be classified as in-state students for purposes of tuition at such institution. The total number of students enrolled under this section may not exceed fifty. To qualify for in-state classification pursuant to this section, such students must be enrolled in a master's program which focuses on developing such students' understanding of democracy and which will enable them to apply the doctrines of democracy and free-market principles upon returning to their respective countries, such students must meet the academic requirements of such program, and such students must meet the requirements states in subsection (3) of this section. In addition, such students shall plan, following graduation, to return to their respective countries to apply the knowledge obtained from such master's program.
(2) To receive in-state classification pursuant to this section, a student shall annually submit an application to the graduate school of public affairs at the University of Colorado at Denver . The dean and faculty council of such graduate school of public affairs shall annually determine those students who may receive in-state classification based on each student's satisfaction of the requirements stated in this section. Upon determining which students may receive in-state classification, the dean or the faculty council shall notify such students and the state-supported institutions of higher education at which such students are enrolled. Notification shall be made not later than July 1 of each year in which such student receives in-state classification pursuant to this section.
(3) To be eligible for in-state classification pursuant to this section, each student must be enrolled as a full-time student and must maintain a full-time principal residence in this state during the time such student is enrolled. Eligibility for in-state classification for each student shall terminate at the time such student receives a degree from the program in which such student was enrolled at the time such in-state classification was first received.
(4) No student admitted pursuant to this section shall be admitted in lieu of a qualified Colorado resident who is applying to a qualified master's program at the graduate school of public affairs at the University of Colorado at Denver .
(5) No student classified as an in-state student pursuant to this section shall be counted as a resident student for any purpose other than tuition classification.
(6) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section.
23-7-108. Tuition classification of Colorado National Guard personnel.
(1) Notwithstanding any provision of this article to the contrary, a member of the Colorado National Guard who maintains his or her sole residence in Colorado , or the dependent of said member of the Colorado National Guard, shall receive in-state tuition status at any institution of higher education in this state. Said member of the Colorado National Guard shall receive in-state tuition status regardless of whether he or she is eligible for or is receiving tuition assistance pursuant to section 23-5-111.4.
(2) A student who is classified as an in-state student solely pursuant to this section shall not be counted as a resident for any purpose other than tuition classification.
(3) Notwithstanding any provision of this section 23-18-102 (5) to the contrary, a member of the Colorado National Guard or his or her dependent who is classified as an in-state student solely pursuant to this section shall not be eligible to receive a stipend pursuant to part 2 of article 18 of this title.
23-7-109 Tuition classification for employees or employees' children of companies who move to Colorado.
(1) (a) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, a student who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the student or the student's parent or legal guardian moved to Colorado in the twelve months preceding enrollment as a result of the student's employer or the employer of the student's parent or legal guardian moving all or a portion of its operations to Colorado as a result of receiving an incentive from the Colorado Office of Economic Development, created in section 24-48.5-101, C.R.S., or an incentive from a local government economic incentive program. Each state-supported institution of higher education shall develop a policy to use to verify that the student's employer or the employer of the student's parent or legal guardian did, in fact, move all or a portion of its operations to Colorado as a result of receiving an incentive from the Colorado Office of Economic Development or a local government economic incentive program and that the student or the student's parent or legal guardian was employed by the employer prior to the relocation.
(b) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, a student who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition to the state of Colorado in the twelve months preceding enrollment as a result of the student's parent or legal guardian moving to Colorado to take a faculty position at a state-supported institution of higher education. Each state-supported institution of higher education shall develop a policy to use to verify that the student's parent or legal guardian moved to Colorado to take a faculty position at a state-supported institution of higher education.
(2) If a student is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that the student shall not be entitled to receive state financial aid.
(3) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section.
If you have been enrolled in any Colorado public institution prior to September 1, 1996, please substitute 21 for 22 as the age of emancipation.