To expand the definition of a resident student at a higher education institution. The bill includes any student who meets the following conditions: has the equivalent of a high school diploma from this state; has attended at least three years of high school in this state; is not a citizen of the United States but submits an affidavit to the institution stating an intent to file an application for permanent U.S. residency at the earliest eligible opportunity.   Official Text and Analysis.

Representative Kenney; Terry Bergeson, SPI; Sam Reed, Secretary of State; Representative Chandler, 15th District; Armando Munguia and Ben Medina, Washington Student Lobby; Alexandra Narvaez, Associated Students, UW; Dick Thompson, UW; Ruben Carrera, Sunnyside School District; Barbara Mertens, WA Assoc. of School Administrators; Cindy Sands, WA School Directors Assoc.; Antonio Ginatta, Commission on Hispanic Affairs; Reverend Paul Benz, Lutheran Public Policy Office; Michael Ramos, Washington Association of Churches; Ricardo Sanchez, Latino Education Achievement Project; Bruce Botka, Higher Education Coordinating Board; Rafael Ojeda, Central Latino; Debora Merle, Governor's Policy Office; Jane Yung Dennie, WSU; Tom Woodnutt, State Board for Community and Technical Colleges; and Scott Copeland, Centralia College. They testified that the state's paramount duty principle has resulted in many students reaching their dreams and being college educated. But even those academically able are not financially able to go to college because of high non-resident tuition that acts as a roadblock to higher education. The bill would make college attendance affordable to all students who have achieved academically in Washington's high schools. Many children in this state have lived here with their parents for years, since infancy or early childhood, and had no control over the circumstances that brought them here. Many undocumented families are in Washington because of a demand for their labor. Many of these students have achieved in high school despite significant obstacles. Fairness and equity require that we recognize the great drive and potential of these students to succeed and become taxpayers and positive role models. This is a smart investment in the future of our state. Permitting high school graduates to continue their education at an affordable rate is a means of allowing individuals to break out of poverty and to return something to the community. Students currently in high school would be inspired to stay in school and to achieve academically if they knew they would be able to attend college afterward. Providing education is one of the state's paramount duties, and the state makes a significant investment in the education of all students in the K-12 system. But when high schools send the message that college is important, it does not fit with the practice of charging non-resident tuition to the state's high school graduates. Students with no hope of ever affording college may have little incentive to do well in high school. The bill would increase diversity of student populations. Immigration laws often function as a barrier to these students becoming documented. Many families spend thousands of dollars and many years and still struggle with legal status.
Testimony against: none offered.

To remove the requirement for an affidavit from the non-citizen student to the institution, and instead, requires the student to file an application for permanent residency leading to citizenship before completing a certificate or degree program. The non-citizen student also must take any civics or a citizenship courses required for United States citizenship.

Regarding higher education student residency.

To make the following changes: students meeting the definition of resident as created by this bill are exempt from the definition of "nonresident" that is currently in statute. Also rather than file an application for permanent residency prior to gaining a degree, the student must file an affidavit with the college or university indicating that the student will file an application for permanent residency as soon as he or she is eligible to do so and must indicate in the affidavit that he or she is willing to engage in any other activities necessary to acquire citizenship. Instead of three years of high school attendance, the individual must now live in the state for at least three years immediately prior to receiving the high school diploma or the equivalent of a diploma. The individual must live continuously in WA after receiving the high school diploma or its equivalent and until such time as he or she is admitted to a college or university.

To stipulate that the bill applies only to families of those who hold or entered the United States with work visas, temporary protected status visas, or green cards, or who have received amnesty from the federal government.

Concerning higher education student residency.

(higher education student residency requirements). Governor Locke vetoed Section 3 of this bill. Section 3 would have limited residency status for higher education tuition purposes to students whose families hold work visas, temporary protected status visas, green cards, or who have received amnesty from the federal government. With this partial veto, anyone who lived in Washington for three years prior to receiving a high school diploma or equivalent is eligible for in-state tuition rates at public colleges and universities, even if the person is in the country illegally.