76-731a. Certain persons without lawful immigration status deemed residents for purpose of tuition and fees. (a) Any individual who is enrolled or has been accepted for admission at a postsecondary educational institution as a postsecondary student shall be deemed to be a resident of Kansas for the purpose of tuition and fees for attendance at such postsecondary educational institution.
(b) As used in this section:
(1) "Postsecondary educational institution" has the meaning ascribed thereto in K.S.A. 74-3201b, and amendments thereto; and
(2) "individual" means a person who (A) has attended an accredited Kansas high school for three or more years, (B) has either graduated from an accredited Kansas high school or has earned a general educational development (GED) certificate issued within Kansas, regardless of whether the person is or is not a citizen of the United States of America; and (C) in the case of a person without lawful immigration status, has filed with the postsecondary educational institution an affidavit stating that the person or the person's parents have filed an application to legalize such person's immigration status, or such person will file such an application as soon as such person is eligible to do so or, in the case of a person with a legal, nonpermanent immigration status, has filed with the postsecondary educational institution an affidavit stating that such person has filed an application to begin the process for citizenship of the United States or will file such application as soon as such person is eligible to do so.
(c) The provisions of this section shall not apply to any individual who:
(1) Has a valid student visa; or
(2) at the time of enrollment, is eligible to enroll in a public postsecondary educational institution located in another state upon payment of fees and tuition required of residents of such state.
(d) Any individual who: (1) Files an affidavit which contains false information; (2) fails to file an application to legalize such person's immigration status within one year of becoming eligible; (3) fails to begin the process for citizenship within one year of becoming eligible; or (4) fails to maintain an active application for citizenship after filing therefor shall not be deemed a resident of the state of Kansas for the purpose of tuition and fees. In addition, such individual shall be required to repay the difference between the amount of fees and tuition actually paid and the amount such person would have paid as a nonresident of the state of Kansas, plus interest at a rate not to exceed the maximum under K.S.A. 16-201, and amendments thereto, for the time such individual was enrolled as a resident pursuant to this section.
History: L. 2004, ch. 172, ยง 1; July 1.
Structure Kansas Statutes
Chapter 76 - State Institutions And Agencies; Historical Property
Article 7 - State Educational Institutions; Management And Operation
76-714 Chief executive officers; titles; appointment; compensation.
76-715 Appointment of employees; compensation.
76-715a Conversion of certain employees to the unclassified service.
76-715b Leave time for classified employees of state education institutions, authorization.
76-716 Determination of programs offered and degrees to be granted.
76-717a Report to legislature.
76-717b Entitlement to admission to state educational institutions; requirements.
76-718 Dedication of certain moneys.
76-719a Fellowships and scholarships for graduate students; legislative declaration.
76-722 Holding property and executing trusts.
76-723 Federal funds; application for, receipt, deposit and expenditure.
76-724 Private grants and bequests.
76-725 Administration of state educational institutions; delegation of authority.
76-727 Recruitment of personnel; payment of certain expenses authorized.
76-730 Same; rules and regulations for criteria and guidelines; student residence committees.
76-731 Certain American Indians deemed residents of state for purpose of tuition and fees.
76-733 Same; investment of funds; administrative expenses; credits to subsidiary accounts.
76-734 Same; nonliability of state or agencies thereof.
76-738 Refunds of tuition, fees or charges by institutions under state board of regents.
76-740 Same; reimbursement for certain costs; federal guidelines.
76-742 Student fees for debt service on academic or health facilities, prior referendum required.
76-749 Insurance for study abroad programs, contracts.
76-750 Accident and health insurance, women's intercollegiate athletics.
76-751 Sponsored research at state educational institutions; definition.
76-752 Same; project contracts; authorized expenditures, when; bidding and other exemptions.
76-754 Service clearing funds; definition.
76-755 Same; authorized uses; approval of additional activities; accounting procedures.
76-761 Housing system; creation and operation; rents and fees.
76-761a Student housing; meningitis vaccination.
76-763 Same; housing properties; acquisition of sites and buildings.
76-765 Same; bonds outstanding on project; effect.
76-766 Same; "state education institution" defined.
76-767 Center for innovative school leadership; duties.
76-768 Use of social security number prohibited, when.
76-773 Kansas partnership for faculty of distinction program; definitions.
76-777 University research and development enhancement act; citation of act.
76-780 General powers, duties and functions of state board of regents.
76-782 Research and development facility projects authorized.
76-784 Sales and use tax exemptions, purchases for research and development facility projects.
76-787 Contracts for certain research and development facilities, provisions for prevailing wages.
76-790 Privately-financed buildings; maintenance costs.
76-791 Payment of bonds from contributions qualifying as tax credit, limitation.
76-7,101 Long-term infrastructure maintenance program.
76-7,103 Same; administration of program; reports; building inventory and space utilization.
76-7,104 Same; infrastructure maintenance fund.
76-7,106 Same; transfers of moneys from statewide maintenance and disaster relief fund.
76-7,107 Long-term infrastructure maintenance program; transfers of moneys from state general fund.
76-7,116 Infrastructure finance program.
76-7,118 Same; administration of program; reports.
76-7,119 Same; bonds not a state obligation.
76-7,120 Same; bonds; limitations; loan agreements.
76-7,125 State educational institution project delivery construction procurement act; citation.
76-7,127 Same; projects financed with non-state moneys; exempt from certain statutory requirements.
76-7,128 Same; contracts; bids; duties of state board and institutions.
76-7,129 Same; contracts, change orders.
76-7,130 Same; local building codes, fees, building permits and zoning requirements, exemptions.
76-7,133 Same; rules and regulations.
76-7,137 University engineering initiative act; purpose.
76-7,141 Kan-grow engineering funds, state educational institutions; purposes.
76-7,142 Sales tax exemption, expenditures for engineering initiative facilities.
76-7,143 Liberal construction of act.
76-7,151 Expenditure of state moneys; limitations; remedial courses.