CO Code § 23-7-103 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 7 - Classification of Students for Tuition Purposes|§ 23-7-103. Presumptions and Rules for Determination of Status - Definition

  Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it is presumed that:   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of this state and that the minor's parents, if living, do not provide substantial support to the minor child;    Repealed.        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. (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.    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.    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.    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.       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.    Repealed.       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;    Once established, a domicile has not been lost by mere absence unaccompanied by intention to establish a new domicile;    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;    A minor is unemancipated.       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:   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.    Nonpayment of Colorado income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Colorado domicile.    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.    A qualified person cannot establish a new domicile in Colorado if he lacks the intention of so doing.    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.    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:   Employment in Colorado, other than that normally provided on a temporary basis to students by an institution of higher education or other temporary employment;    Ownership of residential real property in Colorado;    Graduation from a high school located in Colorado;    Continued residence in the state of Colorado during periods when not enrolled as a student or during periods between academic sessions;    Acceptance of future employment in the state of Colorado;    Vehicle registration in Colorado;    Any other factor peculiar to the individual which tends to establish the necessary intent to make Colorado a permanent home;    Voter registration in Colorado.       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:   Failure to comply with any law imposing a mandatory duty upon a domiciliary or resident of this state;    Maintenance of a home in another state;    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;    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;    Vehicle registration in another state;    Any other factor peculiar to the individual which tends to establish the fact that his permanent home is in another state.       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:   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;    Entry into the military service by the minor;    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;    Any other factor peculiar to the individual which tends to establish that he is independent of his parents and is providing his own support.       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:   The claiming of a minor as a dependent for the purposes of income taxation;    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;    Residence in the home of his parents by the minor, except for temporary visits;    Any other factor peculiar to the individual which tends to establish that he lacks independence and is dependent upon his parents.       The marriage of a minor results in his emancipation.    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.    Only a qualified person can establish a domicile.      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. (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.    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:   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    Notwithstanding his or her unemancipated status, the minor maintains continuous Colorado domicile subject to all other provisions of this section.          Participation in an education expense program shall not be considered evidence of domicile in this state or in another state.      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. (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.    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.    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.          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.    Repealed.    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.     History. Source: L. 61: P. 719, § 3. CRS 53: § 124-19-3. C.R.S. 1963: § 124-18-3. L. 65: P. 1040, § 1. L. 67: P. 822, § 2. L. 69: P. 1069, § 1. L. 73: Pp. 1331-1333, §§ 1, 2, 3. L. 77: (1)(a) amended, p. 1379, § 1, effective July 1. L. 79: (3) amended and (4) added, p. 833, § 1, effective June 7. L. 84: (1)(b) and (4) repealed, (1)(c), (1)(f), IP(2), (2)(h)(II), and (3) amended, and (2)(k) and (2)(l) added, pp. 633, 631, §§ 3, 2, effective April 5. L. 85: (2) R&RE, p. 780, § 1, effective May 24. L. 86, 2nd Ex. Sess.: (1)(c) amended, p. 59, § 2, effective August 15. L. 87: (1)(a) amended, p. 819, § 30, effective October 1. L. 90: (2.5) added, p. 1142, § 8, effective July 1. L. 93: (2)(a), (2)(g)(III), and (2)(i)(II) amended and (5) added, p. 1866, § 3, effective July 1. L. 96: (2)(n) added, p. 430, § 12, effective April 22; (2)(m)(II) amended and (2)(o) added, p. 732, § 2, effective May 22; (2.5) repealed, p. 1836, § 16, effective June 5. L. 98: (1)(a) amended, p. 831, § 58, effective August 5; (3) amended, p. 1411, § 76, effective February 1, 1999. L. 99: (1)(c)(III) repealed, p. 850, § 7, effective May 24. L. 2003: (5) amended, p. 1994, § 39, effective May 22. L. 2004: (1)(c)(I) amended, p. 1153, § 1, effective May 27. L. 2005: (1)(c)(I) amended, p. 656, § 1, effective May 27. L. 2006: (1)(c)(I) amended, p. 154, § 1, effective March 31; (1)(c)(I) amended, p. 1777, § 1, effective June 6. L. 2007: (1)(c) amended, p. 1620, § 1, effective July 1. L. 2009: (1)(c)(I)(C) amended,(HB 09-1039), ch. 382, p. 2075, § 2, effective August 5. L. 2013: (1)(c)(I)(C) amended and (1)(c)(I)(D) added,(HB 13-1194), ch. 362, p. 2116, § 1, effective May 28. L. 2015: (1)(c)(I)(C) amended,(HB 15-1215), ch. 152, p. 459, § 3, effective August 5. L. 2018: (2)(o) amended,(SB 18-087), ch. 121, p. 825, § 2, effective August 8. L. 2021: IP(1) and (1)(a) amended,(SB 21-059), ch. 136, p. 741, § 103, effective October 1. History. Source: L. 61: P. 719, § 3. CRS 53: § 124-19-3. C.R.S. 1963: § 124-18-3. L. 65: P. 1040, § 1. L. 67: P. 822, § 2. L. 69: P. 1069, § 1. L. 73: Pp. 1331-1333, §§ 1, 2, 3. L. 77: (1)(a) amended, p. 1379, § 1, effective July 1. L. 79: (3) amended and (4) added, p. 833, § 1, effective June 7. L. 84: (1)(b) and (4) repealed, (1)(c), (1)(f), IP(2), (2)(h)(II), and (3) amended, and (2)(k) and (2)(l) added, pp. 633, 631, §§ 3, 2, effective April 5. L. 85: (2) R&RE, p. 780, § 1, effective May 24. L. 86, 2nd Ex. Sess.: (1)(c) amended, p. 59, § 2, effective August 15. L. 87: (1)(a) amended, p. 819, § 30, effective October 1. L. 90: (2.5) added, p. 1142, § 8, effective July 1. L. 93: (2)(a), (2)(g)(III), and (2)(i)(II) amended and (5) added, p. 1866, § 3, effective July 1. L. 96: (2)(n) added, p. 430, § 12, effective April 22; (2)(m)(II) amended and (2)(o) added, p. 732, § 2, effective May 22; (2.5) repealed, p. 1836, § 16, effective June 5. L. 98: (1)(a) amended, p. 831, § 58, effective August 5; (3) amended, p. 1411, § 76, effective February 1, 1999. L. 99: (1)(c)(III) repealed, p. 850, § 7, effective May 24. L. 2003: (5) amended, p. 1994, § 39, effective May 22. L. 2004: (1)(c)(I) amended, p. 1153, § 1, effective May 27. L. 2005: (1)(c)(I) amended, p. 656, § 1, effective May 27. L. 2006: (1)(c)(I) amended, p. 154, § 1, effective March 31; (1)(c)(I) amended, p. 1777, § 1, effective June 6. L. 2007: (1)(c) amended, p. 1620, § 1, effective July 1. L. 2009: (1)(c)(I)(C) amended,(HB 09-1039), ch. 382, p. 2075, § 2, effective August 5. L. 2013: (1)(c)(I)(C) amended and (1)(c)(I)(D) added,(HB 13-1194), ch. 362, p. 2116, § 1, effective May 28. L. 2015: (1)(c)(I)(C) amended,(HB 15-1215), ch. 152, p. 459, § 3, effective August 5. L. 2018: (2)(o) amended,(SB 18-087), ch. 121, p. 825, § 2, effective August 8. L. 2021: IP(1) and (1)(a) amended,(SB 21-059), ch. 136, p. 741, § 103, effective October 1.    Editor's note:   Amendments to subsection (1)(c)(I) by Senate Bill 06-031 and Senate Bill 06-032 were harmonized.   Cross references:    For the legislative declaration contained in the act amending subsection (2)(a), (2)(g)(III), and (2)(i)(II) and enacting subsection (5), see section 1 of chapter 311, Session Laws of Colorado 1993. For the legislative declaration in HB 15-1215, see section 1 of chapter 152, Session Laws of Colorado 2015. For the legislative declaration in SB 18-087, see section 1 of chapter 121, Session Laws of Colorado 2018.    For the short title of the act amending subsection (1)(c)(I)(C), see section 1 of chapter 382, Session Laws of Colorado 2009.     ANNOTATION   Former sentence in subsection (3) which began with the words, “An emancipated minor or adult student...” was unconstitutional as imposing an invidious discrimination, but was severable from the remainder of the statute which was legally complete within itself. Covell v. Douglas, 179 Colo. 443 , 501 P.2d 1047 (1972), cert. denied, 412 U.S. 952, 93 S. Ct. 3000, 37 L. Ed. 2d 1006 (1973) (decided prior to 1979 amendment).   Because it created an irrebuttable presumption of nonresidency which constituted invidious discrimination. Since, under that provision, all full-time students, not residents of Colorado before they attend school herein, were prohibited from ever controverting the presumption of nonresidency for tuition purposes while they remain full-time students, such provision imposed an invidious discrimination violative of due process and was unconstitutional. Covell v. Douglas, 179 Colo. 443 , 501 P.2d 1047 (1972), cert. denied, 412 U.S. 952, 93 S. Ct. 3000, 37 L. Ed. 2d 1006 (1973) (decided prior to 1979 amendment).   Remainder of unconstitutional sentence in that provision held not severable. See Covell v. Douglas, 179 Colo. 443 , 501 P.2d 1047 (1972), cert. denied, 412 U.S. 952, 93 S. Ct. 3000, 37 L. Ed. 2d 1006 (1973) (decided prior to 1979 amendment).