The requirements for establishing tuition classification are defined by a statute of the State of Colorado Title 23, Article 7 101 to 107 C.R.S. 1973 as amended, Colorado Commission on Higher Education (CCHE) regulations, and CCHE/ State Attorney General Guidelines.
By law, an in-state student, or the student’s parents, must be domiciled in Colorado for 12 or more continuous months by the first day of classes.
Domicile is the legal term used to describe the place where a person has chosen to make a fixed and permanent home. Domicile includes physical presence and demonstrated intent to make Colorado your home,and must be established for 12 months prior to the first day of classes.
According to tuition law, there are three possible situations:
Emancipation is the parental surrender of claim to the right to care and custody of a minor. According to the tuition law, emancipation occurs at age 22 or upon marriage or if:
The 12-month waiting period for establishing domicile begins only after the date of emancipation has been established by appropriate documentation.
Gifts from parents whom students depend on for financial support are considered evidence of non-emancipation according to the statute. Therefore, loans from family, use of family cars, jointly owned property or living with family members may prohibit the student from being considered emancipated.
A legal guardian is defined as someone appointed by the court with personal and financial responsibility for a minor. The tuition law also requires the court document reflecting the guardian appointment to state that the appointment is not for tuition classification purposes and to certify that parents do not contribute to the minor’s support.
No. Individuals must establish their own domicile as prescribed by the tuition law.
Physical presence refers to the place where a person establishes domicile. A person can have only one legal domicile, which can be considered as physical presence for tuition classification purposes. An individual can establish proof of physical presence by providing rent receipts, lease agreements, home ownership papers or statements from landlords.
The tuition law lists several factors that can be used to determine that intent has been established. No one factor by itself is sufficient to measure intent. Each college must make that determination based on the information provided by the individual. It is the responsibility of the individual to provide as much information and documentation as appropriate to document intent. Several factors which will be considered are:
Intent, together with physical presence, establishes domicile. Intent, however, is more difficult to establish and prove. The more forms of intent that an individual can provide, the easier it is to determine if the individual has established intent. There is no one set of criteria that is applied to an individual. It is the responsibility of the individual to document special circumstances.
Yes. Military personnel and their family members permanently stationed in Colorado, as defined by military regulations, can qualify for in-state tuition classification. These individuals should contact the Education Officer at the installation where they are assigned for further information. Military personnel who wish to become permanent Colorado residents may establish their in-state status by proving intent according to tuition law.
An unemancipated student can be considered in-state if one of the student’s parents has established domicile in Colorado.
An unemancipated student who is not domiciled in Colorado, but who has a parent who is domiciled in Colorado, is called a parent-qualified student and qualifies for in-state tuition classification.
Yes, but the mere fact that you are a student, part time or full time, is not sufficient evidence to consider you an in-state student. You must still demonstrate your physical presence and intent before you can be considered in-state.
Yes, but you must maintain the Colorado connections you have established, such as claiming any income as Colorado income for tax purposes. Any interruption or change in these connections could reverse the original classification and cause you to have to reestablish your domicile upon returning to Colorado. You should check with the institutional tuition classification officer before you leave the state.
Yes, a minor who remains in Colorado may be considered in-state for tuition purposes if parents can provide evidence of Colorado domicile for the immediately preceding four years. If the parents or legal guardians leave the state after a minor’s junior year of high school, the minor may still be considered in-state if he or she enrolls in a Colorado postsecondary institution within 42 months of the parents’ move, or maintains a Colorado domicile and complies with the other provisions of the statute.
Non-U.S. citizens are legally capable of establishing domicile when the U.S. Immigration Service has granted them the status of lawful permanent resident. The date used to establish domicile is the date the application for permanent visa was accepted. This date should be documented with a photocopy of the immigrant card. In addition, some non-immigrant visa classifications are capable of establishing in-state status, but the group does not include student visas. Please contact the Admissions office for more information concerning your immigration status.
Any student who is denied in-state tuition classification may file a petition with the Tuition Classification Officer. If still in disagreement, an appeal may be filed with the Registrar. Appeals must be submitted in writing to the Registrar no later than two weeks (10 class days) after the denial decision has been sent to the student. The Registrar will provide the student with instructions regarding the appeals process. The decision of the Registrar is the final college determination. There can be no retroactive changes in classification.