(1) Unless the contrary appears to the satisfaction of the registering authority of
the institution at which a student is registering, it is presumed that:
(a) The domicile of an unemancipated minor is that of the parent with whom
the minor resides or, if the minor has a guardian, that of the guardian, but only if the
court appointing the guardian (who has legal custody of the minor child as defined
in section 19-1-103) certifies that the primary purpose of the appointment is not to
qualify the unemancipated minor as a resident of this state and that the minor's
parents, if living, do not provide substantial support to the minor child;
(b) Repealed.
(c) (I) (A) A person does not lose in-state status by reason of his or her
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.
(B) A member of the armed forces shall be eligible to obtain in-state status,
notwithstanding the length of his or her residency, upon moving to Colorado on a
permanent change-of-station basis or on a temporary assignment to duty in
Colorado.
(C) A dependent of a member of the armed forces is eligible for in-state
tuition classification when the member moves to Colorado on a permanent change-of-station basis, regardless of the length of the member's or dependent's residency
in Colorado. After qualifying as an in-state student, a member of the armed forces
of the United States on active duty, or the member's dependent, shall not lose his or
her eligibility for in-state tuition status if the member retires or separates from the
military. As used in this sub-subparagraph (C), dependent means a spouse of a
member of the armed services who was the member's spouse at the time that the
member was stationed in Colorado and at the time the spouse is requesting in-state
tuition classification and any child under twenty-three years of age born to or
legally adopted by the member of the armed forces who enrolls in a public
institution of higher education within twelve years after the member was stationed
in Colorado.
(D) Nothing in this subparagraph (I) shall be interpreted to deny a person in-state tuition classification after that person is found eligible for such classification
nor to deny in-state tuition classification to any person who is eligible for such
classification under any other provision of law.
(II) Notwithstanding any provision of section 23-18-102 (5) to the contrary, a
member of the armed forces or his or her 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 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 so doing.
(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
parent, 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 purposes 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 or her 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) (I) 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, is 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 or her
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.
(II) A foreign national admitted to the United States as a refugee pursuant to
8 U.S.C. sec. 1157 or who was admitted to the United States as a special immigrant
pursuant to Pub.L. 110-181, sec. 1244, as amended; Pub.L. 109-163, sec. 1059, as
amended; or Pub.L. 111-8, Division F, Title VI, sec. 602, as amended, who settled in
Colorado upon entering the United States is eligible for classification as an in-state
student immediately upon settlement in Colorado.
(III) For the purpose of this subsection (2)(o), settle means a special
immigrant or refugee who, upon entering the United States, has made his or her
home in Colorado and presently intends to reside permanently in the state.
(2.5) Repealed.
(3) An unemancipated minor qualifies for a change in his or her classification
to in-state student for tuition purposes only if either of his or her parents,
regardless of custody or parental responsibilities, or his or her 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 or her legal
guardian has lost eligibility. An emancipated minor or adult who has registered as a
student does not qualify for a change in his or her classification to in-state student
for tuition purposes unless he or she has established and maintained a domicile for
twelve continuous months in this state.
(4) Repealed.
(5) The presumptions and rules in this section shall determine tuition
classification except when exceptions are made by the general assembly in other
sections of this article.