(1) Notwithstanding any other provision of this article 7 to the contrary, a student, other than a nonimmigrant alien, must be classified as an in-state student for tuition purposes if: (a) The student either attended a public or private high school in Colorado for at least one year immediately preceding the date the student graduated from a Colorado high school or was physically present in Colorado for at least one year immediately preceding the date the student successfully completed a high school equivalency examination, as defined in section 22- 33-102 (8.5), in Colorado; and (b) The student has been physically present in Colorado for at least twelve consecutive months prior to enrolling in an institution. (2) (a) In addition to satisfying the requirements set forth in subsection (1) of this section, a student seeking tuition classification as an in-state student pursuant to this section who does not have lawful immigration status must submit an affidavit to the institution to which the student is admitted, stating that the student has applied for lawful presence or will apply as soon as he or she is eligible to do so. (b) The institution shall not count a student described in subsection (2)(a) of this section as a resident for any purpose other than tuition classification and the purpose described in subsection (2.5) of this section; except that the student is eligible for the college opportunity fund program pursuant to the provisions of part 2 of article 18 of this title 23 and state student financial assistance pursuant to article 3.3 of this title 23, upon confirmation of the student's uniquely identifying student number provided by the local education provider where the student graduated from high school or successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), and may be eligible for institutional or other private financial aid programs. (2.5) A student who is classified as an in-state student pursuant to this section is an in- state student for the purposes of section 23-1-113.5. (3) Repealed. (4) Any information provided to satisfy the criteria specified in this section shall be confidential unless disclosure is explicitly required by law. An institution that receives an affidavit described in subsection (2) of this section shall treat the affidavit as an education record of the student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. (5) This section provides an additional option for a student seeking classification as an in-state student for tuition purposes. This section shall not be interpreted to impose additional requirements upon a student seeking classification as an in-state student under any other section of this article. (6) The short title of this section is the "Representative Val Vigil ASSET Act".
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