Law / United States / 
Colorado
Colorado state institutions of higher education: confidentiality of immigration-status affidavits and eligibility information for in-state tuition
C.R.S. section 23-7-110 (as amended by SB 25-276)
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Access restriction
What it requires
- If you are an institution that receives an affidavit from a student without lawful immigration status who seeks in-state tuition classification, treat the affidavit as an education record of the student under the federal Family Educational Rights and Privacy Act (C.R.S. 23-7-110(4)).
- Treat any information provided to satisfy the section's criteria as confidential unless disclosure is explicitly required by law (C.R.S. 23-7-110(4)).
- Manage information collected before the effective date of Senate Bill 25-276 to show a student's eligibility for the college opportunity fund, for a student without lawful immigration status, in accordance with the data privacy policy adopted by the department of higher education (C.R.S. 23-7-110(2)(b)).
These lines are LexLint's reading of the law's text.
What this law does
Article 7 of title 23 directs the state institutions of higher education to apply uniform rules in classifying students as in-state or out-of-state students for tuition purposes. A student seeking in-state tuition classification under section 23-7-110 who does not have lawful immigration status must submit an affidavit to the institution to which the student is admitted, stating that the student has applied for lawful presence or will apply as soon as eligible.
Any information provided to satisfy the section's criteria is confidential unless disclosure is explicitly required by law. An institution that receives the affidavit must treat it as an education record of the student under the federal Family Educational Rights and Privacy Act of 1974.
Information collected before the effective date of Senate Bill 25-276 to demonstrate a student's eligibility for the college opportunity fund, for a student without lawful immigration status, must be managed in accordance with the data privacy policy adopted by the department of higher education. Senate Bill 25-276 took effect on .
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