Fiscal Summary
Increase State Revenue - Net Impact -
$1,334,500/FY18-19/Locally Governed Institutions
$1,374,500/FY19-20/Locally Governed Institutions
Exceeds $1,415,800/FY20-21 and Subsequent Years/
Locally Governed Institutions
$267,400/FY18-19/Community College System
$275,400/FY19-20/Community College System
Exceeds $283,600/FY20-21 and Subsequent Years/
Community College System
$1,479,800/FY18-19/University of Tennessee
$1,524,200/FY19-20/University of Tennessee
Exceeds $1,570,000/FY20-21 and Subsequent Years/
University of Tennessee
Bill Summary
This bill exempts certain students from paying out-of-state tuition at state institutions of higher education, as discussed below.
Under this bill, beginning with the 2018-2019 academic year, an individual will be exempt from paying out-of-state tuition at a state higher education institution (institution) if the individual:
(1) Attended school in this state for the three years immediately prior to graduation from high school;
(2) Graduated from a Tennessee high school, obtained a GED or HiSET credential awarded by a state approved institution or organization, or completed high school in a Tennessee home school program; and
(3) Is registered as an entering student or is enrolled at an institution.
This bill requires each student granted the out-of-state tuition exemption to sign an affidavit stating that the student is either a citizen or a lawfully present noncitizen, or, in the case of a person without lawful immigration status, that the student will file an application to legalize such student's immigration status as soon as the student is eligible.
An institution that receives an affidavit must treat the affidavit as an education record of the individual under the provisions of FERPA. Also, under this bill, information obtained in its implementation will be confidential and not a public record. The information will only be used as required to administer tuition payments, and may not be disclosed for any other purpose without the written consent of the student except as required by Tennessee law or pursuant to a court order.
This bill specifies that the exemption from paying the out-of-state tuition affirmatively satisfies the express eligibility requirement under federal law, in which a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which such alien would otherwise be ineligible. This bill also specifies that the exemption from paying out-of-state tuition will not be considered a state or local public benefit for which a state governmental entity must verify the citizenship or immigration status of an applicant for such benefit.
This bill will not apply to international students and trainees who are in this country on a temporary basis and have no intention of abandoning their home countries.