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06/03/2024 06:13 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=9938
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 11, 2012 02:48 PM
From: Representative Kevin J. Boyle
To: All House members
Subject: In-State Tuition for Undocumented Individuals
 

In the near future, I will be introducing legislation that will amend the Public School Code to allow undocumented individuals to pay in-state tuition at public institutions of higher education if they meet certain requirements, commonly referred to as the DREAM Act. In November, Maryland became the first state in the nation to approve of in-state tuition rates for undocumented students by popular vote. In addition to Maryland, eleven states have passed some version of this legislation including Texas, California, Kansas, and New Mexico.

Undocumented students who have lived in this country for most of their lives and have contributed to their communities are at a significant disadvantage in terms of college affordability. For example, students attending any of the fourteen institutions that comprise the Pennsylvania State System of Higher Education (PASSHE) and are not United States citizens are presumed not to be domiciled in Pennsylvania, but may rebut this presumption by “clear and convincing evidence.” These instances are decided on a case by case basis, which may discourage countless numbers of students from attempting to be considered a resident for tuition purposes. Considering the significant cost difference between in-state and out-of-state tuition, as well as the fact that undocumented students are not eligible for federal financial aid, college is often too expensive and not realistic for many of these students.

Most undocumented students had no choice in entering the United States illegally and have lived in this country without incident for most of their lives. Under my legislation, an undocumented individual would be eligible to pay Pennsylvania resident tuition rates at any PASSHE institution, community college, or state-related university, provided they meet a number of requirements. These requirements include, but are not limited to, graduation from a public or nonpublic secondary school in this state, payment of state income taxes for at least three years prior to enrollment in college, and providing an affidavit to the college or university that the student will file an application to a become a permanent resident. This legislation is similar to House Bill 1695, prime sponsored by Representative Payton during the 2011-2012 Legislative Session.



Introduced as HB674