Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB0461 Enrolled / Bill

Filed 05/24/2024

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1  AN ACT concerning education.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The University of Illinois Act is amended by
5  changing Section 7e-5 as follows:
6  (110 ILCS 305/7e-5)
7  Sec. 7e-5. In-state tuition charge.
8  (a) Notwithstanding any other provision of law to the
9  contrary, for tuition purposes until July 1, 2026, the Board
10  of Trustees shall deem an individual an Illinois resident,
11  until the individual establishes a residence outside of this
12  State, if all of the following conditions are met:
13  (1) The individual resided with his or her parent or
14  guardian while attending a public or private high school
15  in this State.
16  (2) The individual graduated from a public or private
17  high school or received the equivalent of a high school
18  diploma in this State.
19  (3) The individual attended school in this State for
20  at least 3 years as of the date the individual graduated
21  from high school or received the equivalent of a high
22  school diploma.
23  (4) The individual registers as an entering student in

 

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1  the University not earlier than the 2003 fall semester.
2  (5) In the case of an individual who is not a citizen
3  or a permanent resident of the United States, the
4  individual provides the University with an affidavit
5  stating that the individual will file an application to
6  become a permanent resident of the United States at the
7  earliest opportunity the individual is eligible to do so.
8  This subsection (a) applies only to tuition for a term or
9  semester that begins on or after May 20, 2003 (the effective
10  date of Public Act 93-7) but before July 1, 2026. Any revenue
11  lost by the University in implementing this subsection (a)
12  shall be absorbed by the University Income Fund.
13  (a-5) Notwithstanding any other provision of law to the
14  contrary, beginning July 1, 2026, an individual, other than an
15  individual who has a non-immigrant alien status that precludes
16  an intent to permanently reside in the United States under
17  subsection (a) of Section 1101 of Title 8 of the United States
18  Code, shall be charged tuition by the Board of Trustees at the
19  same rate as an Illinois resident if the individual meets all
20  of the requirements of either paragraph (1) or (2):
21  (1) The individual:
22  (A) attended a public or private high school in
23  this State for at least 2 years before enrolling at the
24  University;
25  (B) graduated from a public or private high school
26  in this State or received the equivalent of a high

 

 

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1  school diploma in this State;
2  (C) attended high school while residing in this
3  State and has not established residency outside of
4  this State before enrolling at the University; and
5  (D) agrees to swear and affirm to the University
6  that the individual will file an application to become
7  a permanent resident of the United States at the
8  earliest opportunity if the individual is eligible to
9  do so and is not a citizen or lawful permanent resident
10  of the United States.
11  (2) The individual:
12  (A) attended any of the following for at least 2
13  years and attended for a cumulative total of at least 3
14  years before enrolling at the University:
15  (i) a public or private high school in this
16  State;
17  (ii) a public community college in a community
18  college district organized under the Public
19  Community College Act; or
20  (iii) a combination of those educational
21  institutions set forth in subdivisions (i) and
22  (ii) of this subparagraph (A);
23  (B) has at the time of enrollment:
24  (i) graduated from a public or private high
25  school in this State or received the equivalent of
26  a high school diploma in this State; and

 

 

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1  (ii) earned an associate degree from or
2  completed at least 60 credit hours of graded,
3  transferable coursework at a public community
4  college in a community college district organized
5  under the Public Community College Act;
6  (C) attended an educational institution set forth
7  in subdivision (i) or (ii) of subparagraph (A) of this
8  paragraph (2) while residing in this State and has not
9  established residency outside of this State before
10  enrolling at the University; and
11  (D) agrees to swear and affirm to the University
12  that the individual will file an application to become
13  a permanent resident of the United States at the
14  earliest opportunity if the individual is eligible to
15  do so and is not a citizen or lawful permanent resident
16  of the United States.
17  (b) If a person is on active military duty and stationed in
18  Illinois, then the Board of Trustees shall deem that person
19  and any of his or her dependents Illinois residents for
20  tuition purposes. Beginning with the 2009-2010 academic year,
21  if a person is on active military duty and is stationed out of
22  State, but he or she was stationed in this State for at least 3
23  years immediately prior to being reassigned out of State, then
24  the Board of Trustees shall deem that person and any of his or
25  her dependents Illinois residents for tuition purposes, as
26  long as that person or his or her dependent (i) applies for

 

 

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1  admission to the University within 18 months of the person on
2  active military duty being reassigned or (ii) remains
3  continuously enrolled at the University. Beginning with the
4  2013-2014 academic year, if a person is utilizing benefits
5  under the federal Post-9/11 Veterans Educational Assistance
6  Act of 2008 or any subsequent variation of that Act, then the
7  Board of Trustees shall deem that person an Illinois resident
8  for tuition purposes. Beginning with the 2015-2016 academic
9  year, if a person is utilizing benefits under the federal
10  All-Volunteer Force Educational Assistance Program, then the
11  Board of Trustees shall deem that person an Illinois resident
12  for tuition purposes. Beginning with the 2019-2020 academic
13  year, per the federal requirements for maintaining approval
14  for veterans' education benefits under 38 U.S.C. 3679(c), if a
15  person is on active military duty or is receiving veterans'
16  education benefits, then the Board of Trustees shall deem that
17  person an Illinois resident for tuition purposes for any
18  academic quarter, semester, or term, as applicable.
19  (c) The Board of Trustees may adopt a policy to implement
20  and administer this Section and may adopt a policy for the
21  classification of in-state residents, for tuition purposes,
22  based on residency in this State.
23  (d) The General Assembly finds and declares that this
24  Section is a State law within the meaning of subsection (d) of
25  Section 1621 of Title 8 of the United States Code.
26  (Source: P.A. 101-424, eff. 8-16-19.)

 

 

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1  Section 10. The Southern Illinois University Management
2  Act is amended by changing Section 8d-5 as follows:
3  (110 ILCS 520/8d-5)
4  Sec. 8d-5. In-state tuition charge.
5  (a) Notwithstanding any other provision of law to the
6  contrary, for tuition purposes until July 1, 2026, the Board
7  shall deem an individual an Illinois resident, until the
8  individual establishes a residence outside of this State, if
9  all of the following conditions are met:
10  (1) The individual resided with his or her parent or
11  guardian while attending a public or private high school
12  in this State.
13  (2) The individual graduated from a public or private
14  high school or received the equivalent of a high school
15  diploma in this State.
16  (3) The individual attended school in this State for
17  at least 3 years as of the date the individual graduated
18  from high school or received the equivalent of a high
19  school diploma.
20  (4) The individual registers as an entering student in
21  the University not earlier than the 2003 fall semester.
22  (5) In the case of an individual who is not a citizen
23  or a permanent resident of the United States, the
24  individual provides the University with an affidavit

 

 

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1  stating that the individual will file an application to
2  become a permanent resident of the United States at the
3  earliest opportunity the individual is eligible to do so.
4  This subsection (a) applies only to tuition for a term or
5  semester that begins on or after May 20, 2003 (the effective
6  date of Public Act 93-7) but before July 1, 2026. Any revenue
7  lost by the University in implementing this subsection (a)
8  shall be absorbed by the University Income Fund.
9  (a-5) Notwithstanding any other provision of law to the
10  contrary, beginning July 1, 2026, an individual, other than an
11  individual who has a non-immigrant alien status that precludes
12  an intent to permanently reside in the United States under
13  subsection (a) of Section 1101 of Title 8 of the United States
14  Code, shall be charged tuition by the Board at the same rate as
15  an Illinois resident if the individual meets all of the
16  requirements of either paragraph (1) or (2):
17  (1) The individual:
18  (A) attended a public or private high school in
19  this State for at least 2 years before enrolling at the
20  University;
21  (B) graduated from a public or private high school
22  in this State or received the equivalent of a high
23  school diploma in this State;
24  (C) attended high school while residing in this
25  State and has not established residency outside of
26  this State before enrolling at the University; and

 

 

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1  (D) agrees to swear and affirm to the University
2  that the individual will file an application to become
3  a permanent resident of the United States at the
4  earliest opportunity if the individual is eligible to
5  do so and is not a citizen or lawful permanent resident
6  of the United States.
7  (2) The individual:
8  (A) attended any of the following for at least 2
9  years and attended for a cumulative total of at least 3
10  years before enrolling at the University:
11  (i) a public or private high school in this
12  State;
13  (ii) a public community college in a community
14  college district organized under the Public
15  Community College Act; or
16  (iii) a combination of those educational
17  institutions set forth in subdivisions (i) and
18  (ii) of this subparagraph (A);
19  (B) has at the time of enrollment:
20  (i) graduated from a public or private high
21  school in this State or received the equivalent of
22  a high school diploma in this State; and
23  (ii) earned an associate degree from or
24  completed at least 60 credit hours of graded,
25  transferable coursework at a public community
26  college in a community college district organized

 

 

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1  under the Public Community College Act;
2  (C) attended an educational institution set forth
3  in subdivision (i) or (ii) of subparagraph (A) of this
4  paragraph (2) while residing in this State and has not
5  established residency outside of this State before
6  enrolling at the University; and
7  (D) agrees to swear and affirm to the University
8  that the individual will file an application to become
9  a permanent resident of the United States at the
10  earliest opportunity if the individual is eligible to
11  do so and is not a citizen or lawful permanent resident
12  of the United States.
13  (b) If a person is on active military duty and stationed in
14  Illinois, then the Board shall deem that person and any of his
15  or her dependents Illinois residents for tuition purposes.
16  Beginning with the 2009-2010 academic year, if a person is on
17  active military duty and is stationed out of State, but he or
18  she was stationed in this State for at least 3 years
19  immediately prior to being reassigned out of State, then the
20  Board shall deem that person and any of his or her dependents
21  Illinois residents for tuition purposes, as long as that
22  person or his or her dependent (i) applies for admission to the
23  University within 18 months of the person on active military
24  duty being reassigned or (ii) remains continuously enrolled at
25  the University. Beginning with the 2013-2014 academic year, if
26  a person is utilizing benefits under the federal Post-9/11

 

 

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1  Veterans Educational Assistance Act of 2008 or any subsequent
2  variation of that Act, then the Board shall deem that person an
3  Illinois resident for tuition purposes. Beginning with the
4  2015-2016 academic year, if a person is utilizing benefits
5  under the federal All-Volunteer Force Educational Assistance
6  Program, then the Board shall deem that person an Illinois
7  resident for tuition purposes. Beginning with the 2019-2020
8  academic year, per the federal requirements for maintaining
9  approval for veterans' education benefits under 38 U.S.C.
10  3679(c), if a person is on active military duty or is receiving
11  veterans' education benefits, then the Board of Trustees shall
12  deem that person an Illinois resident for tuition purposes for
13  any academic quarter, semester, or term, as applicable.
14  (c) The Board may adopt a policy to implement and
15  administer this Section and may adopt a policy for the
16  classification of in-state residents, for tuition purposes,
17  based on residency in this State.
18  (d) The General Assembly finds and declares that this
19  Section is a State law within the meaning of subsection (d) of
20  Section 1621 of Title 8 of the United States Code.
21  (Source: P.A. 101-424, eff. 8-16-19.)
22  Section 15. The Chicago State University Law is amended by
23  changing Section 5-88 as follows:
24  (110 ILCS 660/5-88)

 

 

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1  Sec. 5-88. In-state tuition charge.
2  (a) Notwithstanding any other provision of law to the
3  contrary, for tuition purposes until July 1, 2026, the Board
4  shall deem an individual an Illinois resident, until the
5  individual establishes a residence outside of this State, if
6  all of the following conditions are met:
7  (1) The individual resided with his or her parent or
8  guardian while attending a public or private high school
9  in this State.
10  (2) The individual graduated from a public or private
11  high school or received the equivalent of a high school
12  diploma in this State.
13  (3) The individual attended school in this State for
14  at least 3 years as of the date the individual graduated
15  from high school or received the equivalent of a high
16  school diploma.
17  (4) The individual registers as an entering student in
18  the University not earlier than the 2003 fall semester.
19  (5) In the case of an individual who is not a citizen
20  or a permanent resident of the United States, the
21  individual provides the University with an affidavit
22  stating that the individual will file an application to
23  become a permanent resident of the United States at the
24  earliest opportunity the individual is eligible to do so.
25  This subsection (a) applies only to tuition for a term or
26  semester that begins on or after May 20, 2003 (the effective

 

 

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1  date of Public Act 93-7) but before July 1, 2026. Any revenue
2  lost by the University in implementing this subsection (a)
3  shall be absorbed by the University Income Fund.
4  (a-5) Notwithstanding any other provision of law to the
5  contrary, beginning July 1, 2026, an individual, other than an
6  individual who has a non-immigrant alien status that precludes
7  an intent to permanently reside in the United States under
8  subsection (a) of Section 1101 of Title 8 of the United States
9  Code, shall be charged tuition by the Board at the same rate as
10  an Illinois resident if the individual meets all of the
11  requirements of either paragraph (1) or (2):
12  (1) The individual:
13  (A) attended a public or private high school in
14  this State for at least 2 years before enrolling at the
15  University;
16  (B) graduated from a public or private high school
17  in this State or received the equivalent of a high
18  school diploma in this State;
19  (C) attended high school while residing in this
20  State and has not established residency outside of
21  this State before enrolling at the University; and
22  (D) agrees to swear and affirm to the University
23  that the individual will file an application to become
24  a permanent resident of the United States at the
25  earliest opportunity if the individual is eligible to
26  do so and is not a citizen or lawful permanent resident

 

 

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1  of the United States.
2  (2) The individual:
3  (A) attended any of the following for at least 2
4  years and attended for a cumulative total of at least 3
5  years before enrolling at the University:
6  (i) a public or private high school in this
7  State;
8  (ii) a public community college in a community
9  college district organized under the Public
10  Community College Act; or
11  (iii) a combination of those educational
12  institutions set forth in subdivisions (i) and
13  (ii) of this subparagraph (A);
14  (B) has at the time of enrollment:
15  (i) graduated from a public or private high
16  school in this State or received the equivalent of
17  a high school diploma in this State; and
18  (ii) earned an associate degree from or
19  completed at least 60 credit hours of graded,
20  transferable coursework at a public community
21  college in a community college district organized
22  under the Public Community College Act;
23  (C) attended an educational institution set forth
24  in subdivision (i) or (ii) of subparagraph (A) of this
25  paragraph (2) while residing in this State and has not
26  established residency outside of this State before

 

 

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1  enrolling at the University; and
2  (D) agrees to swear and affirm to the University
3  that the individual will file an application to become
4  a permanent resident of the United States at the
5  earliest opportunity if the individual is eligible to
6  do so and is not a citizen or lawful permanent resident
7  of the United States.
8  (b) If a person is on active military duty and stationed in
9  Illinois, then the Board shall deem that person and any of his
10  or her dependents Illinois residents for tuition purposes.
11  Beginning with the 2009-2010 academic year, if a person is on
12  active military duty and is stationed out of State, but he or
13  she was stationed in this State for at least 3 years
14  immediately prior to being reassigned out of State, then the
15  Board shall deem that person and any of his or her dependents
16  Illinois residents for tuition purposes, as long as that
17  person or his or her dependent (i) applies for admission to the
18  University within 18 months of the person on active military
19  duty being reassigned or (ii) remains continuously enrolled at
20  the University. Beginning with the 2013-2014 academic year, if
21  a person is utilizing benefits under the federal Post-9/11
22  Veterans Educational Assistance Act of 2008 or any subsequent
23  variation of that Act, then the Board shall deem that person an
24  Illinois resident for tuition purposes. Beginning with the
25  2015-2016 academic year, if a person is utilizing benefits
26  under the federal All-Volunteer Force Educational Assistance

 

 

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1  Program, then the Board shall deem that person an Illinois
2  resident for tuition purposes. Beginning with the 2019-2020
3  academic year, per the federal requirements for maintaining
4  approval for veterans' education benefits under 38 U.S.C.
5  3679(c), if a person is on active military duty or is receiving
6  veterans' education benefits, then the Board of Trustees shall
7  deem that person an Illinois resident for tuition purposes for
8  any academic quarter, semester, or term, as applicable.
9  (c) The Board may adopt a policy to implement and
10  administer this Section and may adopt a policy for the
11  classification of in-state residents, for tuition purposes,
12  based on residency in this State.
13  (d) The General Assembly finds and declares that this
14  Section is a State law within the meaning of subsection (d) of
15  Section 1621 of Title 8 of the United States Code.
16  (Source: P.A. 101-424, eff. 8-16-19.)
17  Section 20. The Eastern Illinois University Law is amended
18  by changing Section 10-88 as follows:
19  (110 ILCS 665/10-88)
20  Sec. 10-88. In-state tuition charge.
21  (a) Notwithstanding any other provision of law to the
22  contrary, for tuition purposes until July 1, 2026, the Board
23  shall deem an individual an Illinois resident, until the
24  individual establishes a residence outside of this State, if

 

 

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1  all of the following conditions are met:
2  (1) The individual resided with his or her parent or
3  guardian while attending a public or private high school
4  in this State.
5  (2) The individual graduated from a public or private
6  high school or received the equivalent of a high school
7  diploma in this State.
8  (3) The individual attended school in this State for
9  at least 3 years as of the date the individual graduated
10  from high school or received the equivalent of a high
11  school diploma.
12  (4) The individual registers as an entering student in
13  the University not earlier than the 2003 fall semester.
14  (5) In the case of an individual who is not a citizen
15  or a permanent resident of the United States, the
16  individual provides the University with an affidavit
17  stating that the individual will file an application to
18  become a permanent resident of the United States at the
19  earliest opportunity the individual is eligible to do so.
20  This subsection (a) applies only to tuition for a term or
21  semester that begins on or after May 20, 2003 (the effective
22  date of Public Act 93-7) but before July 1, 2026. Any revenue
23  lost by the University in implementing this subsection (a)
24  shall be absorbed by the University Income Fund.
25  (a-5) Notwithstanding any other provision of law to the
26  contrary, beginning July 1, 2026, an individual, other than an

 

 

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1  individual who has a non-immigrant alien status that precludes
2  an intent to permanently reside in the United States under
3  subsection (a) of Section 1101 of Title 8 of the United States
4  Code, shall be charged tuition by the Board at the same rate as
5  an Illinois resident if the individual meets all of the
6  requirements of either paragraph (1) or (2):
7  (1) The individual:
8  (A) attended a public or private high school in
9  this State for at least 2 years before enrolling at the
10  University;
11  (B) graduated from a public or private high school
12  in this State or received the equivalent of a high
13  school diploma in this State;
14  (C) attended high school while residing in this
15  State and has not established residency outside of
16  this State before enrolling at the University; and
17  (D) agrees to swear and affirm to the University
18  that the individual will file an application to become
19  a permanent resident of the United States at the
20  earliest opportunity if the individual is eligible to
21  do so and is not a citizen or lawful permanent resident
22  of the United States.
23  (2) The individual:
24  (A) attended any of the following for at least 2
25  years and attended for a cumulative total of at least 3
26  years before enrolling at the University:

 

 

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1  (i) a public or private high school in this
2  State;
3  (ii) a public community college in a community
4  college district organized under the Public
5  Community College Act; or
6  (iii) a combination of those educational
7  institutions set forth in subdivisions (i) and
8  (ii) of this subparagraph (A);
9  (B) has at the time of enrollment:
10  (i) graduated from a public or private high
11  school in this State or received the equivalent of
12  a high school diploma in this State; and
13  (ii) earned an associate degree from or
14  completed at least 60 credit hours of graded,
15  transferable coursework at a public community
16  college in a community college district organized
17  under the Public Community College Act;
18  (C) attended an educational institution set forth
19  in subdivision (i) or (ii) of subparagraph (A) of this
20  paragraph (2) while residing in this State and has not
21  established residency outside of this State before
22  enrolling at the University; and
23  (D) agrees to swear and affirm to the University
24  that the individual will file an application to become
25  a permanent resident of the United States at the
26  earliest opportunity if the individual is eligible to

 

 

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1  do so and is not a citizen or lawful permanent resident
2  of the United States.
3  (b) If a person is on active military duty and stationed in
4  Illinois, then the Board shall deem that person and any of his
5  or her dependents Illinois residents for tuition purposes.
6  Beginning with the 2009-2010 academic year, if a person is on
7  active military duty and is stationed out of State, but he or
8  she was stationed in this State for at least 3 years
9  immediately prior to being reassigned out of State, then the
10  Board shall deem that person and any of his or her dependents
11  Illinois residents for tuition purposes, as long as that
12  person or his or her dependent (i) applies for admission to the
13  University within 18 months of the person on active military
14  duty being reassigned or (ii) remains continuously enrolled at
15  the University. Beginning with the 2013-2014 academic year, if
16  a person is utilizing benefits under the federal Post-9/11
17  Veterans Educational Assistance Act of 2008 or any subsequent
18  variation of that Act, then the Board shall deem that person an
19  Illinois resident for tuition purposes. Beginning with the
20  2015-2016 academic year, if a person is utilizing benefits
21  under the federal All-Volunteer Force Educational Assistance
22  Program, then the Board shall deem that person an Illinois
23  resident for tuition purposes. Beginning with the 2019-2020
24  academic year, per the federal requirements for maintaining
25  approval for veterans' education benefits under 38 U.S.C.
26  3679(c), if a person is on active military duty or is receiving

 

 

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1  veterans' education benefits, then the Board of Trustees shall
2  deem that person an Illinois resident for tuition purposes for
3  any academic quarter, semester, or term, as applicable.
4  (c) The Board may adopt a policy to implement and
5  administer this Section and may adopt a policy for the
6  classification of in-state residents, for tuition purposes,
7  based on residency in this State.
8  (d) The General Assembly finds and declares that this
9  Section is a State law within the meaning of subsection (d) of
10  Section 1621 of Title 8 of the United States Code.
11  (Source: P.A. 101-424, eff. 8-16-19.)
12  Section 25. The Governors State University Law is amended
13  by changing Section 15-88 as follows:
14  (110 ILCS 670/15-88)
15  Sec. 15-88. In-state tuition charge.
16  (a) Notwithstanding any other provision of law to the
17  contrary, for tuition purposes until July 1, 2026, the Board
18  shall deem an individual an Illinois resident, until the
19  individual establishes a residence outside of this State, if
20  all of the following conditions are met:
21  (1) The individual resided with his or her parent or
22  guardian while attending a public or private high school
23  in this State.
24  (2) The individual graduated from a public or private

 

 

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1  high school or received the equivalent of a high school
2  diploma in this State.
3  (3) The individual attended school in this State for
4  at least 3 years as of the date the individual graduated
5  from high school or received the equivalent of a high
6  school diploma.
7  (4) The individual registers as an entering student in
8  the University not earlier than the 2003 fall semester.
9  (5) In the case of an individual who is not a citizen
10  or a permanent resident of the United States, the
11  individual provides the University with an affidavit
12  stating that the individual will file an application to
13  become a permanent resident of the United States at the
14  earliest opportunity the individual is eligible to do so.
15  This subsection (a) applies only to tuition for a term or
16  semester that begins on or after May 20, 2003 (the effective
17  date of Public Act 93-7) but before July 1, 2026. Any revenue
18  lost by the University in implementing this subsection (a)
19  shall be absorbed by the University Income Fund.
20  (a-5) Notwithstanding any other provision of law to the
21  contrary, beginning July 1, 2026, an individual, other than an
22  individual who has a non-immigrant alien status that precludes
23  an intent to permanently reside in the United States under
24  subsection (a) of Section 1101 of Title 8 of the United States
25  Code, shall be charged tuition by the Board at the same rate as
26  an Illinois resident if the individual meets all of the

 

 

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1  requirements of either paragraph (1) or (2):
2  (1) The individual:
3  (A) attended a public or private high school in
4  this State for at least 2 years before enrolling at the
5  University;
6  (B) graduated from a public or private high school
7  in this State or received the equivalent of a high
8  school diploma in this State;
9  (C) attended high school while residing in this
10  State and has not established residency outside of
11  this State before enrolling at the University; and
12  (D) agrees to swear and affirm to the University
13  that the individual will file an application to become
14  a permanent resident of the United States at the
15  earliest opportunity if the individual is eligible to
16  do so and is not a citizen or lawful permanent resident
17  of the United States.
18  (2) The individual:
19  (A) attended any of the following for at least 2
20  years and attended for a cumulative total of at least 3
21  years before enrolling at the University:
22  (i) a public or private high school in this
23  State;
24  (ii) a public community college in a community
25  college district organized under the Public
26  Community College Act; or

 

 

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1  (iii) a combination of those educational
2  institutions set forth in subdivisions (i) and
3  (ii) of this subparagraph (A);
4  (B) has at the time of enrollment:
5  (i) graduated from a public or private high
6  school in this State or received the equivalent of
7  a high school diploma in this State; and
8  (ii) earned an associate degree from or
9  completed at least 60 credit hours of graded,
10  transferable coursework at a public community
11  college in a community college district organized
12  under the Public Community College Act;
13  (C) attended an educational institution set forth
14  in subdivision (i) or (ii) of subparagraph (A) of this
15  paragraph (2) while residing in this State and has not
16  established residency outside of this State before
17  enrolling at the University; and
18  (D) agrees to swear and affirm to the University
19  that the individual will file an application to become
20  a permanent resident of the United States at the
21  earliest opportunity if the individual is eligible to
22  do so and is not a citizen or lawful permanent resident
23  of the United States.
24  (b) If a person is on active military duty and stationed in
25  Illinois, then the Board shall deem that person and any of his
26  or her dependents Illinois residents for tuition purposes.

 

 

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1  Beginning with the 2009-2010 academic year, if a person is on
2  active military duty and is stationed out of State, but he or
3  she was stationed in this State for at least 3 years
4  immediately prior to being reassigned out of State, then the
5  Board shall deem that person and any of his or her dependents
6  Illinois residents for tuition purposes, as long as that
7  person or his or her dependent (i) applies for admission to the
8  University within 18 months of the person on active military
9  duty being reassigned or (ii) remains continuously enrolled at
10  the University. Beginning with the 2013-2014 academic year, if
11  a person is utilizing benefits under the federal Post-9/11
12  Veterans Educational Assistance Act of 2008 or any subsequent
13  variation of that Act, then the Board shall deem that person an
14  Illinois resident for tuition purposes. Beginning with the
15  2015-2016 academic year, if a person is utilizing benefits
16  under the federal All-Volunteer Force Educational Assistance
17  Program, then the Board shall deem that person an Illinois
18  resident for tuition purposes. Beginning with the 2019-2020
19  academic year, per the federal requirements for maintaining
20  approval for veterans' education benefits under 38 U.S.C.
21  3679(c), if a person is on active military duty or is receiving
22  veterans' education benefits, then the Board of Trustees shall
23  deem that person an Illinois resident for tuition purposes for
24  any academic quarter, semester, or term, as applicable.
25  (c) The Board may adopt a policy to implement and
26  administer this Section and may adopt a policy for the

 

 

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1  classification of in-state residents, for tuition purposes,
2  based on residency in this State.
3  (d) The General Assembly finds and declares that this
4  Section is a State law within the meaning of subsection (d) of
5  Section 1621 of Title 8 of the United States Code.
6  (Source: P.A. 101-424, eff. 8-16-19.)
7  Section 30. The Illinois State University Law is amended
8  by changing Section 20-88 as follows:
9  (110 ILCS 675/20-88)
10  Sec. 20-88. In-state tuition charge.
11  (a) Notwithstanding any other provision of law to the
12  contrary, for tuition purposes until July 1, 2026, the Board
13  shall deem an individual an Illinois resident, until the
14  individual establishes a residence outside of this State, if
15  all of the following conditions are met:
16  (1) The individual resided with his or her parent or
17  guardian while attending a public or private high school
18  in this State.
19  (2) The individual graduated from a public or private
20  high school or received the equivalent of a high school
21  diploma in this State.
22  (3) The individual attended school in this State for
23  at least 3 years as of the date the individual graduated
24  from high school or received the equivalent of a high

 

 

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1  school diploma.
2  (4) The individual registers as an entering student in
3  the University not earlier than the 2003 fall semester.
4  (5) In the case of an individual who is not a citizen
5  or a permanent resident of the United States, the
6  individual provides the University with an affidavit
7  stating that the individual will file an application to
8  become a permanent resident of the United States at the
9  earliest opportunity the individual is eligible to do so.
10  This subsection (a) applies only to tuition for a term or
11  semester that begins on or after May 20, 2003 (the effective
12  date of Public Act 93-7) but before July 1, 2026. Any revenue
13  lost by the University in implementing this subsection (a)
14  shall be absorbed by the University Income Fund.
15  (a-5) Notwithstanding any other provision of law to the
16  contrary, beginning July 1, 2026, an individual, other than an
17  individual who has a non-immigrant alien status that precludes
18  an intent to permanently reside in the United States under
19  subsection (a) of Section 1101 of Title 8 of the United States
20  Code, shall be charged tuition by the Board at the same rate as
21  an Illinois resident if the individual meets all of the
22  requirements of either paragraph (1) or (2):
23  (1) The individual:
24  (A) attended a public or private high school in
25  this State for at least 2 years before enrolling at the
26  University;

 

 

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1  (B) graduated from a public or private high school
2  in this State or received the equivalent of a high
3  school diploma in this State;
4  (C) attended high school while residing in this
5  State and has not established residency outside of
6  this State before enrolling at the University; and
7  (D) agrees to swear and affirm to the University
8  that the individual will file an application to become
9  a permanent resident of the United States at the
10  earliest opportunity if the individual is eligible to
11  do so and is not a citizen or lawful permanent resident
12  of the United States.
13  (2) The individual:
14  (A) attended any of the following for at least 2
15  years and attended for a cumulative total of at least 3
16  years before enrolling at the University:
17  (i) a public or private high school in this
18  State;
19  (ii) a public community college in a community
20  college district organized under the Public
21  Community College Act; or
22  (iii) a combination of those educational
23  institutions set forth in subdivisions (i) and
24  (ii) of this subparagraph (A);
25  (B) has at the time of enrollment:
26  (i) graduated from a public or private high

 

 

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1  school in this State or received the equivalent of
2  a high school diploma in this State; and
3  (ii) earned an associate degree from or
4  completed at least 60 credit hours of graded,
5  transferable coursework at a public community
6  college in a community college district organized
7  under the Public Community College Act;
8  (C) attended an educational institution set forth
9  in subdivision (i) or (ii) of subparagraph (A) of this
10  paragraph (2) while residing in this State and has not
11  established residency outside of this State before
12  enrolling at the University; and
13  (D) agrees to swear and affirm to the University
14  that the individual will file an application to become
15  a permanent resident of the United States at the
16  earliest opportunity if the individual is eligible to
17  do so and is not a citizen or lawful permanent resident
18  of the United States.
19  (b) If a person is on active military duty and stationed in
20  Illinois, then the Board shall deem that person and any of his
21  or her dependents Illinois residents for tuition purposes.
22  Beginning with the 2009-2010 academic year, if a person is on
23  active military duty and is stationed out of State, but he or
24  she was stationed in this State for at least 3 years
25  immediately prior to being reassigned out of State, then the
26  Board shall deem that person and any of his or her dependents

 

 

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1  Illinois residents for tuition purposes, as long as that
2  person or his or her dependent (i) applies for admission to the
3  University within 18 months of the person on active military
4  duty being reassigned or (ii) remains continuously enrolled at
5  the University. Beginning with the 2013-2014 academic year, if
6  a person is utilizing benefits under the federal Post-9/11
7  Veterans Educational Assistance Act of 2008 or any subsequent
8  variation of that Act, then the Board shall deem that person an
9  Illinois resident for tuition purposes. Beginning with the
10  2015-2016 academic year, if a person is utilizing benefits
11  under the federal All-Volunteer Force Educational Assistance
12  Program, then the Board shall deem that person an Illinois
13  resident for tuition purposes. Beginning with the 2015-2016
14  academic year, if a person is utilizing benefits under the
15  federal All-Volunteer Force Educational Assistance Program,
16  then the Board of Trustees shall deem that person an Illinois
17  resident for tuition purposes. Beginning with the 2019-2020
18  academic year, per the federal requirements for maintaining
19  approval for veterans' education benefits under 38 U.S.C.
20  3679(c), if a person is on active military duty or is receiving
21  veterans' education benefits, then the Board of Trustees shall
22  deem that person an Illinois resident for tuition purposes for
23  any academic quarter, semester, or term, as applicable.
24  (c) The Board may adopt a policy to implement and
25  administer this Section and may adopt a policy for the
26  classification of in-state residents, for tuition purposes,

 

 

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1  based on residency in this State.
2  (d) The General Assembly finds and declares that this
3  Section is a State law within the meaning of subsection (d) of
4  Section 1621 of Title 8 of the United States Code.
5  (Source: P.A. 101-424, eff. 8-16-19.)
6  Section 35. The Northeastern Illinois University Law is
7  amended by changing Section 25-88 as follows:
8  (110 ILCS 680/25-88)
9  Sec. 25-88. In-state tuition charge.
10  (a) Notwithstanding any other provision of law to the
11  contrary, for tuition purposes until July 1, 2026, the Board
12  shall deem an individual an Illinois resident, until the
13  individual establishes a residence outside of this State, if
14  all of the following conditions are met:
15  (1) The individual resided with his or her parent or
16  guardian while attending a public or private high school
17  in this State.
18  (2) The individual graduated from a public or private
19  high school or received the equivalent of a high school
20  diploma in this State.
21  (3) The individual attended school in this State for
22  at least 3 years as of the date the individual graduated
23  from high school or received the equivalent of a high
24  school diploma.

 

 

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1  (4) The individual registers as an entering student in
2  the University not earlier than the 2003 fall semester.
3  (5) In the case of an individual who is not a citizen
4  or a permanent resident of the United States, the
5  individual provides the University with an affidavit
6  stating that the individual will file an application to
7  become a permanent resident of the United States at the
8  earliest opportunity the individual is eligible to do so.
9  This subsection (a) applies only to tuition for a term or
10  semester that begins on or after May 20, 2003 (the effective
11  date of Public Act 93-7) but before July 1, 2026. Any revenue
12  lost by the University in implementing this subsection (a)
13  shall be absorbed by the University Income Fund.
14  (a-5) Notwithstanding any other provision of law to the
15  contrary, beginning July 1, 2026, an individual, other than an
16  individual who has a non-immigrant alien status that precludes
17  an intent to permanently reside in the United States under
18  subsection (a) of Section 1101 of Title 8 of the United States
19  Code, shall be charged tuition by the Board at the same rate as
20  an Illinois resident if the individual meets all of the
21  requirements of either paragraph (1) or (2):
22  (1) The individual:
23  (A) attended a public or private high school in
24  this State for at least 2 years before enrolling at the
25  University;
26  (B) graduated from a public or private high school

 

 

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1  in this State or received the equivalent of a high
2  school diploma in this State;
3  (C) attended high school while residing in this
4  State and has not established residency outside of
5  this State before enrolling at the University; and
6  (D) agrees to swear and affirm to the University
7  that the individual will file an application to become
8  a permanent resident of the United States at the
9  earliest opportunity if the individual is eligible to
10  do so and is not a citizen or lawful permanent resident
11  of the United States.
12  (2) The individual:
13  (A) attended any of the following for at least 2
14  years and attended for a cumulative total of at least 3
15  years before enrolling at the University:
16  (i) a public or private high school in this
17  State;
18  (ii) a public community college in a community
19  college district organized under the Public
20  Community College Act; or
21  (iii) a combination of those educational
22  institutions set forth in subdivisions (i) and
23  (ii) of this subparagraph (A);
24  (B) has at the time of enrollment:
25  (i) graduated from a public or private high
26  school in this State or received the equivalent of

 

 

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1  a high school diploma in this State; and
2  (ii) earned an associate degree from or
3  completed at least 60 credit hours of graded,
4  transferable coursework at a public community
5  college in a community college district organized
6  under the Public Community College Act;
7  (C) attended an educational institution set forth
8  in subdivision (i) or (ii) of subparagraph (A) of this
9  paragraph (2) while residing in this State and has not
10  established residency outside of this State before
11  enrolling at the University; and
12  (D) agrees to swear and affirm to the University
13  that the individual will file an application to become
14  a permanent resident of the United States at the
15  earliest opportunity if the individual is eligible to
16  do so and is not a citizen or lawful permanent resident
17  of the United States.
18  (b) If a person is on active military duty and stationed in
19  Illinois, then the Board shall deem that person and any of his
20  or her dependents Illinois residents for tuition purposes.
21  Beginning with the 2009-2010 academic year, if a person is on
22  active military duty and is stationed out of State, but he or
23  she was stationed in this State for at least 3 years
24  immediately prior to being reassigned out of State, then the
25  Board shall deem that person and any of his or her dependents
26  Illinois residents for tuition purposes, as long as that

 

 

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1  person or his or her dependent (i) applies for admission to the
2  University within 18 months of the person on active military
3  duty being reassigned or (ii) remains continuously enrolled at
4  the University. Beginning with the 2013-2014 academic year, if
5  a person is utilizing benefits under the federal Post-9/11
6  Veterans Educational Assistance Act of 2008 or any subsequent
7  variation of that Act, then the Board shall deem that person an
8  Illinois resident for tuition purposes. Beginning with the
9  2015-2016 academic year, if a person is utilizing benefits
10  under the federal All-Volunteer Force Educational Assistance
11  Program, then the Board shall deem that person an Illinois
12  resident for tuition purposes. Beginning with the 2019-2020
13  academic year, per the federal requirements for maintaining
14  approval for veterans' education benefits under 38 U.S.C.
15  3679(c), if a person is on active military duty or is receiving
16  veterans' education benefits, then the Board of Trustees shall
17  deem that person an Illinois resident for tuition purposes for
18  any academic quarter, semester, or term, as applicable.
19  (c) The Board may adopt a policy to implement and
20  administer this Section and may adopt a policy for the
21  classification of in-state residents, for tuition purposes,
22  based on residency in this State.
23  (d) The General Assembly finds and declares that this
24  Section is a State law within the meaning of subsection (d) of
25  Section 1621 of Title 8 of the United States Code.
26  (Source: P.A. 101-424, eff. 8-16-19.)

 

 

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1  Section 40. The Northern Illinois University Law is
2  amended by changing Section 30-88 as follows:
3  (110 ILCS 685/30-88)
4  Sec. 30-88. In-state tuition charge.
5  (a) Notwithstanding any other provision of law to the
6  contrary, for tuition purposes until July 1, 2026, the Board
7  shall deem an individual an Illinois resident, until the
8  individual establishes a residence outside of this State, if
9  all of the following conditions are met:
10  (1) The individual resided with his or her parent or
11  guardian while attending a public or private high school
12  in this State.
13  (2) The individual graduated from a public or private
14  high school or received the equivalent of a high school
15  diploma in this State.
16  (3) The individual attended school in this State for
17  at least 3 years as of the date the individual graduated
18  from high school or received the equivalent of a high
19  school diploma.
20  (4) The individual registers as an entering student in
21  the University not earlier than the 2003 fall semester.
22  (5) In the case of an individual who is not a citizen
23  or a permanent resident of the United States, the
24  individual provides the University with an affidavit

 

 

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1  stating that the individual will file an application to
2  become a permanent resident of the United States at the
3  earliest opportunity the individual is eligible to do so.
4  This subsection (a) applies only to tuition for a term or
5  semester that begins on or after May 20, 2003 (the effective
6  date of Public Act 93-7) but before July 1, 2026. Any revenue
7  lost by the University in implementing this subsection (a)
8  shall be absorbed by the University Income Fund.
9  (a-5) Notwithstanding any other provision of law to the
10  contrary, beginning July 1, 2026, an individual, other than an
11  individual who has a non-immigrant alien status that precludes
12  an intent to permanently reside in the United States under
13  subsection (a) of Section 1101 of Title 8 of the United States
14  Code, shall be charged tuition by the Board at the same rate as
15  an Illinois resident if the individual meets all of the
16  requirements of either paragraph (1) or (2):
17  (1) The individual:
18  (A) attended a public or private high school in
19  this State for at least 2 years before enrolling at the
20  University;
21  (B) graduated from a public or private high school
22  in this State or received the equivalent of a high
23  school diploma in this State;
24  (C) attended high school while residing in this
25  State and has not established residency outside of
26  this State before enrolling at the University; and

 

 

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1  (D) agrees to swear and affirm to the University
2  that the individual will file an application to become
3  a permanent resident of the United States at the
4  earliest opportunity if the individual is eligible to
5  do so and is not a citizen or lawful permanent resident
6  of the United States.
7  (2) The individual:
8  (A) attended any of the following for at least 2
9  years and attended for a cumulative total of at least 3
10  years before enrolling at the University:
11  (i) a public or private high school in this
12  State;
13  (ii) a public community college in a community
14  college district organized under the Public
15  Community College Act; or
16  (iii) a combination of those educational
17  institutions set forth in subdivisions (i) and
18  (ii) of this subparagraph (A);
19  (B) has at the time of enrollment:
20  (i) graduated from a public or private high
21  school in this State or received the equivalent of
22  a high school diploma in this State; and
23  (ii) earned an associate degree from or
24  completed at least 60 credit hours of graded,
25  transferable coursework at a public community
26  college in a community college district organized

 

 

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1  under the Public Community College Act;
2  (C) attended an educational institution set forth
3  in subdivision (i) or (ii) of subparagraph (A) of this
4  paragraph (2) while residing in this State and has not
5  established residency outside of this State before
6  enrolling at the University; and
7  (D) agrees to swear and affirm to the University
8  that the individual will file an application to become
9  a permanent resident of the United States at the
10  earliest opportunity if the individual is eligible to
11  do so and is not a citizen or lawful permanent resident
12  of the United States.
13  (b) If a person is on active military duty and stationed in
14  Illinois, then the Board shall deem that person and any of his
15  or her dependents Illinois residents for tuition purposes.
16  Beginning with the 2009-2010 academic year, if a person is on
17  active military duty and is stationed out of State, but he or
18  she was stationed in this State for at least 3 years
19  immediately prior to being reassigned out of State, then the
20  Board shall deem that person and any of his or her dependents
21  Illinois residents for tuition purposes, as long as that
22  person or his or her dependent (i) applies for admission to the
23  University within 18 months of the person on active military
24  duty being reassigned or (ii) remains continuously enrolled at
25  the University. Beginning with the 2013-2014 academic year, if
26  a person is utilizing benefits under the federal Post-9/11

 

 

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1  Veterans Educational Assistance Act of 2008 or any subsequent
2  variation of that Act, then the Board shall deem that person an
3  Illinois resident for tuition purposes. Beginning with the
4  2015-2016 academic year, if a person is utilizing benefits
5  under the federal All-Volunteer Force Educational Assistance
6  Program, then the Board shall deem that person an Illinois
7  resident for tuition purposes. Beginning with the 2019-2020
8  academic year, per the federal requirements for maintaining
9  approval for veterans' education benefits under 38 U.S.C.
10  3679(c), if a person is on active military duty or is receiving
11  veterans' education benefits, then the Board of Trustees shall
12  deem that person an Illinois resident for tuition purposes for
13  any academic quarter, semester, or term, as applicable.
14  (c) The Board may adopt a policy to implement and
15  administer this Section and may adopt a policy for the
16  classification of in-state residents, for tuition purposes,
17  based on residency in this State.
18  (d) The General Assembly finds and declares that this
19  Section is a State law within the meaning of subsection (d) of
20  Section 1621 of Title 8 of the United States Code.
21  (Source: P.A. 101-424, eff. 8-16-19.)
22  Section 45. The Western Illinois University Law is amended
23  by changing Section 35-88 as follows:
24  (110 ILCS 690/35-88)

 

 

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1  Sec. 35-88. In-state tuition charge.
2  (a) Notwithstanding any other provision of law to the
3  contrary, for tuition purposes until July 1, 2026, the Board
4  shall deem an individual an Illinois resident, until the
5  individual establishes a residence outside of this State, if
6  all of the following conditions are met:
7  (1) The individual resided with his or her parent or
8  guardian while attending a public or private high school
9  in this State.
10  (2) The individual graduated from a public or private
11  high school or received the equivalent of a high school
12  diploma in this State.
13  (3) The individual attended school in this State for
14  at least 3 years as of the date the individual graduated
15  from high school or received the equivalent of a high
16  school diploma.
17  (4) The individual registers as an entering student in
18  the University not earlier than the 2003 fall semester.
19  (5) In the case of an individual who is not a citizen
20  or a permanent resident of the United States, the
21  individual provides the University with an affidavit
22  stating that the individual will file an application to
23  become a permanent resident of the United States at the
24  earliest opportunity the individual is eligible to do so.
25  This subsection (a) applies only to tuition for a term or
26  semester that begins on or after May 20, 2003 (the effective

 

 

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1  date of Public Act 93-7) but before July 1, 2026. Any revenue
2  lost by the University in implementing this subsection (a)
3  shall be absorbed by the University Income Fund.
4  (a-5) Notwithstanding any other provision of law to the
5  contrary, beginning July 1, 2026, an individual, other than an
6  individual who has a non-immigrant alien status that precludes
7  an intent to permanently reside in the United States under
8  subsection (a) of Section 1101 of Title 8 of the United States
9  Code, shall be charged tuition by the Board at the same rate as
10  an Illinois resident if the individual meets all of the
11  requirements of either paragraph (1) or (2):
12  (1) The individual:
13  (A) attended a public or private high school in
14  this State for at least 2 years before enrolling at the
15  University;
16  (B) graduated from a public or private high school
17  in this State or received the equivalent of a high
18  school diploma in this State;
19  (C) attended high school while residing in this
20  State and has not established residency outside of
21  this State before enrolling at the University; and
22  (D) agrees to swear and affirm to the University
23  that the individual will file an application to become
24  a permanent resident of the United States at the
25  earliest opportunity if the individual is eligible to
26  do so and is not a citizen or lawful permanent resident

 

 

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1  of the United States.
2  (2) The individual:
3  (A) attended any of the following for at least 2
4  years and attended for a cumulative total of at least 3
5  years before enrolling at the University:
6  (i) a public or private high school in this
7  State;
8  (ii) a public community college in a community
9  college district organized under the Public
10  Community College Act; or
11  (iii) a combination of those educational
12  institutions set forth in subdivisions (i) and
13  (ii) of this subparagraph (A);
14  (B) has at the time of enrollment:
15  (i) graduated from a public or private high
16  school in this State or received the equivalent of
17  a high school diploma in this State; and
18  (ii) earned an associate degree from or
19  completed at least 60 credit hours of graded,
20  transferable coursework at a public community
21  college in a community college district organized
22  under the Public Community College Act;
23  (C) attended an educational institution set forth
24  in subdivision (i) or (ii) of subparagraph (A) of this
25  paragraph (2) while residing in this State and has not
26  established residency outside of this State before

 

 

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1  enrolling at the University; and
2  (D) agrees to swear and affirm to the University
3  that the individual will file an application to become
4  a permanent resident of the United States at the
5  earliest opportunity if the individual is eligible to
6  do so and is not a citizen or lawful permanent resident
7  of the United States.
8  (b) If a person is on active military duty and stationed in
9  Illinois, then the Board shall deem that person and any of his
10  or her dependents Illinois residents for tuition purposes.
11  Beginning with the 2009-2010 academic year, if a person is on
12  active military duty and is stationed out of State, but he or
13  she was stationed in this State for at least 3 years
14  immediately prior to being reassigned out of State, then the
15  Board shall deem that person and any of his or her dependents
16  Illinois residents for tuition purposes, as long as that
17  person or his or her dependent (i) applies for admission to the
18  University within 18 months of the person on active military
19  duty being reassigned or (ii) remains continuously enrolled at
20  the University. Beginning with the 2013-2014 academic year, if
21  a person is utilizing benefits under the federal Post-9/11
22  Veterans Educational Assistance Act of 2008 or any subsequent
23  variation of that Act, then the Board shall deem that person an
24  Illinois resident for tuition purposes. Beginning with the
25  2015-2016 academic year, if a person is utilizing benefits
26  under the federal All-Volunteer Force Educational Assistance

 

 

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