Understanding Oregon Tuition Equity: FAQ

What does Tuition Equity mean for Oregon students?

We’ve put together this preliminary FAQ on Oregon Tuition Equity to help you understand the Tuition Equity law.  To be sure, this FAQ is not legal advice — we would never give legal advice via an internet post.  To determine if you qualify for tuition equity is something you will have to figure out on your own, talk with your high school guidance counselor, or the admissions office of an Oregon school.  Also, it is important to keep in mind that the State Board of Higher Education might see things differently than we do when they publish their rules — when that happens we will update our FAQ as necessary.  Finally, we have some questions about the law too; we are working to get those answers and will post them here when we’ve got them.  That’s why this is a preliminary FAQ.  To keep up-to-date on all the developments, sign up for our safe information network on our home page.

When does the Tuition Equity law become effective?   On April 2, 2013, Tuition Equity became the law in Oregon.  It takes effect on July 3, 2013.  You can read the law here.

What does the Tuition Equity law do?  The Tuition Equity law provides for a limited exemption from nonresident tuition rates for qualified noncitizen students.  For a qualified  noncitizen student, an Oregon public university will charge only in-state tuition and fees for five years after the student initially enrolls in school.

Are United States citizens or lawful permanent residents impacted by the law? No.  The law has no impact on US citizens and lawful permanent residents.  Oregon law already provides that US citizens and lawful permanent residents qualify for in-state tuition so long as they otherwise meet the Oregon residency requirements.

Who is a qualified noncitizen student?  First, let’s explain the rules related to high school graduates.  Any Oregon student who graduated from an Oregon high school and satisfies each of these requirements is eligible for in-state tuition rates:

• during the 5-year period before graduation, the student attended any elementary school or secondary school in the United States for each of those 5 years, and
• during the 3-year period before  graduating, the student attended an Oregon school for each of those 3 years, and
• demonstrate an intention to become a U.S. citizen or lawful permanent resident under federal law by submitting either (1) a statement indicating that the student will file for federal immigration status when permitted to do so or submits an “official copy” of the student’s application for federal immigration status, and
• submit an affidavit stating that the student has applied for a federal individual tax payer identification number or other federal identification document.

Now, let’s explain the rules related to students who dropped out of school before graduating.  Any Oregon student who obtained the equivalent of a high school diploma (usually a GED) and satisfies all of these requirements is eligible for in-state tuition rates:

• during the 5-year period before dropping out, the student attended any elementary school or secondary school in the United States for each of those 5 years, and
• during the 3-year period before dropping out, the student attended an Oregon school for each of those 3 years, and
• demonstrate an intention to become a U.S. citizen or lawful permanent resident under federal law by submitting either (1) a statement indicating that the student will file for federal immigration status when permitted to do so or submits an “official copy” of the student’s application for federal immigration status, and
• submit an affidavit stating that the student has applied for a federal individual tax payer identification number or other federal identification document.

Can a student qualify for Tuition Equity if he or she obtained a GED instead of a diploma?  Yes, likely.  A noncitizen can qualify for tuition equity if he or she obtained a high school diploma or received “the equivalent of a high school diploma” from an Oregon school.

Does a student qualify for Tuition Equity if already enrolled in an Oregon public university?  Yes. A noncitizen student can qualify for the tuition exemption if the date of his or her initial enrollment at the public university is no more than three years after his or her high school graduation or high school equivalent.

Is there a time limit on how long a student can wait from high school graduation and enrolling in an Oregon public university?  Yes, only noncitizen students who enroll in a public university no more than 3 years from the date of high school graduation or equivalent are eligible for tuition equity.

How long does the in-state tuition rate last?  The exemption from nonresident tuition lasts for 5 years starting from the date of initial enrollment in an Oregon public university.   Remember, once a student becomes a lawful permanent resident then he or she will qualify for in-state tuition regardless of the Tuition Equity law.

Will there be more information about the law?  Yes.  The law requires that the Oregon State Board of Higher Education issue rules that implement the Tuition Equity law.  As of this posting, the rules have not been published.  It is expected that the rules will be published before the July 2013 effective date.

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A special thanks to Oregon Representative Michael Dembrow for his vision and leadership in making Tuition Equity a reality.

Updated 4/24/2013