§ 10a-29 — (Formerly Sec. 10-329e). Determination of student status.

The following shall determine the status of a student: (1) Every person having such person's domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having such person's domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes; (2) The domicile of an unemancipated person is that of such person's parent; (3) Upon moving to this state, an emancipated person employed full-time who provides evidence of domicile may apply for in-state classification for such person's spouse and unemancipated children after six consecutive months of residency and, provided such person is not in this state primarily as a full-time student, such person's spouse and unemancipated children may at once be so classified, and may continue to be so classified as long as such person continues such person's domicile in this state; (4) Any unemancipated person who remains in this state when such person's parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which such person is currently enrolled, as long as such person's attendance at a school or schools in this state shall be continuous; (5) The spouse of any person who is classified or is eligible for classification as an in-state student shall be entitled to classification as an in-state student; (6) (A) A member of the armed forces, as defined in section 27-103 , who is stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. (B) The spouse of any person who is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The spouse, while in residence after the spouse's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the member of the armed forces is thereafter transferred on military orders; (7) An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, (A) while in continuous attendance toward the degree for which the student is currently enrolled, or (B) while in residence after the student's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the student's parent is thereafter transferred on military orders; (8) A student who is from another state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico shall be classified as an in-state student, if such student (A) attended for three years and graduated from a high school in this state, and (B) was sponsored, housed and supported during attendance at such school by a program, such as the “A Better Chance” program, established as a nonprofit organization that raises charitable funds on the local level for the purpose of giving students who are minority students, are from single parent homes or live in poverty, an opportunity to attend school in a different environment. For purposes of this subdivision, “minority student” means a student whose racial ancestry is defined as other than white by the Bureau of Census of the United States Department of Commerce; (9) In accordance with 8 USC 1621(d), a person, other than a nonimmigrant alien as described in 8 USC 1101(a)(15)(A) to 8 USC 1101(a)(15)(S), inclusive, and 8 USC 1101(a)(15)(V), shall be entitled to classification as an in-state student for tuition purposes, (A) if such person (i) resides in this state, (ii) attended any educational institution in this state and completed at least two years of high school level education in this state, (iii) graduated from a high school in this state, or the equivalent thereof, and (iv) is registered as an entering student, or is enrolled at a public institution of higher education in this state, and (B) if such person is without legal immigration status, such person files an affidavit with such institution of higher education stating that such person has filed an application to legalize such person's immigration status, or will file such an application as soon as such person is eligible to do so; and (10) (A) A veteran who lives in this state, regardless of such veteran's state of residence, shall be entitled to classification as an in-state student for tuition purposes only. As used in this subdivision, “veteran” means any person discharged or released, under conditions other than dishonorable, from a period of ninety or more days of active service in the armed forces. (B) A person who lives in this state, regardless of such person's state of residence, and is entitled to educational assistance pursuant to the Marine Gunnery Sergeant John David Fry Scholarship, 38 USC 3311(b)(8), as amended from time to time, shall be entitled to classification as an in-state student for tuition purposes only. (C) A person who lives in this state, regardless of such person's state of residence, and is entitled to educational assistance pursuant to the Post-9/11 G.I. Bill, 38 USC 3319, as amended from time to time, through transfer of such assistance by virtue of such person's relationship to a veteran or a member described in 38 USC 3319(b), as amended from time to time, who is serving on active duty, shall be entitled to classification as an in-state student for tuition purposes only.

Legislative History

(P.A. 73-474, S. 3, 9; P.A. 05-110, S. 1; P.A. 06-135, S. 6; 06-196, S. 68; P.A. 11-43, S. 1; P.A. 15-82, S. 1; P.A. 19-172, S. 1; P.A. 22-101, S. 1.) History: Sec. 10-329e transferred to Sec. 10a-29 in 1983 pursuant to reorganization of higher education system; P.A. 05-110 added new Subdiv. (6) re member of armed forces stationed in this state and redesignated existing Subdiv. (6) as Subdiv. (7), effective July 1, 2005; P.A. 06-135 added Subdiv. (8) re “A Better Chance” program students, effective July 1, 2006; P.A. 06-196 made technical changes in Subdivs. (3) and (4), effective June 7, 2006; P.A. 11-43 added Subdiv. (9) re status of persons, including those without legal immigration status, who reside in this state, attended any educational institution and completed at least 4 years of high school in this state, graduated from a high school in this state and are registered at or enrolled in a public institution of higher education in this state, effective July 1, 2011; P.A. 15-82 amended Subdiv. (9) to replace reference to 8 USC 1101(a)(15) with reference to 8 USC 1101(a)(15)(A) to 8 USC 1101(a)(15)(S), inclusive, and 8 USC 1101(a)(15)(V) and to change high school requirement from 4 years to 2 years, effective July 1, 2015; P.A. 19-172 amended Subdiv. (6) by designating existing provisions re member of armed forces who is stationed in state pursuant to military orders entitled to classification as in-state student as Subpara. (A), and adding Subpara. (B) re spouse of member of armed forces stationed in state pursuant to military orders entitled to classification as in-state student, amended Subdiv. (7) by designating existing provisions re continuous attendance toward degree as Subpara. (A), adding Subpara. (B) re student in residence after acceptance for matriculation at constituent unit of state system of higher education in course of study leading to degree, and made technical changes; P.A. 22-101 amended Subdiv. (6)(A) by adding reference to Sec. 27-103, added Subdiv. (10) re in-state student status for veterans and for persons entitled to certain educational assistance and made technical changes throughout, effective July 1, 2022.