National Immigration Law Center
Sign up for email updates.

Our mission is to defend & advance the rights & opportunities of low-income immigrants and their family members.

State Bills on Access to Education for Immigrants: 2011

Compose

Last updated OCTOBER 19, 2011   |   Download Adobe reader symbol - PDF

Tuition Equity Bills

Generally allow students who graduated from and attended high school in a state, and who meet other criteria, regardless of their status, to pay in-state tuition rates.

State No. Author Status
CO SB 126 Giron/Johnson Passed Senate. House Education Committee postponed indefinitely
CT HB 6390 Donovan, Sharkey, Williams, Looney Signed into law June 13, 2011.
FL HB 55 Bullard Died in K-12 Innovation Subcommittee
FL SB 318 Siplin Passed Judiciary Committee; Died in Higher Education Committee
IA HF 108 Abdul-Samad Education - Subcommittee
MD SB 167
HB 470
 
Ramirez Hixon et al. Signed into Law, May 10, 2011.
MA S 566
H 2109
 
Chang-Diaz, Wolf/Provost  Joint Committee on Higher Education – hearing held on July 20, 2011
MS H 387 Dickson Died
MO SB 114 Justus Senate Education Committee
NJ A 961 Johnson/Huttle/Quijano  Assembly Higher Education
OR SB 742 Morse/Nelson; Dembrow/Harker  Passed the Senate, House Rules Committee. Public hearing May 11. Session ended.
PA HB 1695 Payton et al.  Committee on Education
RI S 321 Pichardo et al  Senate Finance Committee hearing on May 26 – continued.
RI HB 5245 Diaz, Slater, Ajello, Silva, Williams  House Finance Committee recommended measure held for future study.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





Other Bills Improving Access to Higher Education / K-12

Includes measures providing access to state financial aid, scholarships, and other efforts to improve access to education for students who attended high school in a state. Also includes measures to remove barriers to K-12 education for immigrant students.

State

No.

Author

Bill Text

Status

AZ

SCR 1021 Gallardo AZ DREAM Act - would send to voters measure providing in-state tuition regardless of status to students domiciled in the state for at least one year. Did not move

AZ

AB 130 Cedillo Students eligible to pay in-state tuition 
would be eligible for scholarships derived from non-state funds.  
Signed into law, July 25, 2011

CA  

AB 131 Cedillo Student eligible to pay in-state tuition would be eligible for state financial aid and fee waivers, but would not be eligible for Competitive Cal Grant awards unless funding remains after all other eligible students have been awarded such  grants. Signed into law, October 8, 2011

CA

AB 844 Lara Confirms that all students, regardless of status, are eligible to serve in student government at CSU or community  colleges and to receive any scholarship, grant, fee waiver or reimbursement of expenses connected with that service. Requests that the University of  California comply. Signed into law, October 8, 2011

CA

AB 207 Ammiano Requires school districts to accept a wide range of evidence that a family  lives in the district. Signed into law, October 3, 2011. 

CT

H 5424 O'Brien Eliminates tuition/fees for in-state students at public colleges in CT; and encourages them to remain in CT. Referred to Joint Committee on Higher Education and Employment Advancement. 

IL

SB 2185 Cullerton et al. (Senate)
Acevedo (House 
DREAM fund Commission would provide scholarships to students, including children of immigrants, funded from private contributions; makes College Savings Pool and pre-paid tuition available to ITIN filers, requires that professional  development for school  counselors address needs of and opportunities for children of immigrants. Signed into law, August 1.

MS

SB 2308  Harden Tuition free grants for students with 3.0 grade point average, regardless of their immigration status. Died 

NJ

AB 3834
 
S 2831
Ramos, Quijano Requires Department of Education to biannually distribute a letter to school districts reminding districts of requirement to enroll resident students regardless of
immigration status.
Assembly Education Committee; Senate Education Committee. 

NY

S 4179

A 6829
Perkins/Squadron

Linares et al. 
NY DREAM Act: state financial aid, grants, loans, scholarships, state ID or driver's license, work opportunities with NY state, and NY health insurance programs for undocumented youth who meet certai criteria. Senate Finance Committee

Assembly Government Operations

 

Bills Restricting Access to Post-Secondary Education

Includes proposals to ban enrollment in higher education, repeal in-state tuition laws, and restrict financial aid, in-state tuition, or scholarships. 

State

Bill No.

Author (s)

Description and Bill Text 

Status 

AL

HB 56 Beason
Hammon 
Omnibus anti-immigrant bill - prevents students who are not citizens, lawful permanent residents or non-immigrants from enrolling in public post-secondary education, denies scholarships, grants and financial aid to students who are not
lawfully present in the U.S.  (see also K-12 education) 
Signed into law on June 9.
Preliminarily enjoined by the
District Court on
September 28, 2011.

AR

HB 1008  Harris  Blocks access to in-state tuition for undocumented students. Died in House
Committee on Education. 

AR

HB 1292  Hubbard,
Deffenbaugh,
Eubanks,
Harris,
Stubblefield 
Students not US citizen or not lawfully in the US
ineligible for in-state tuition & financial aid;
persons seeking state benefits must be lawfully
present unless exempt by federal law,
emergency or life-saving.
Defeated in Committee. 

AZ

SB 1611  Pearce  Omnibus anti-immigrant bill: Requires AZ Dep’t of
Education to bar students who cannot demonstrate
lawful presence from enrolling in higher education.
Failed to pass the Senate.

CA

AB 63  Donnelly  Would repeal in-state tuition law. Failed to Pass in Assembly Committee on Higher Education.

GA

HB 59  Rice  Ban on undocumented student enrollment in higher education. Died. 

IN

SB 590  Delph, et al.  Omnibus anti-immigrant bill, including restrictions on access to resident tuition rates, scholarships, grants and financial aid.  Signed into law on May 11, 2011. 

IN 

HB 1402  Karickhof, Turner, Koch, Cheatham  Students who are not lawfully in the U.S. ineligible to pay resident tuition rate. Signed into law on May 11, 2011. 

KS 

HB 2006  Tyson et al.  Repeals in-state tuition law. Passed House 72-50 Died in Senate Comm. on Federal & State Affairs. 

KY

HB 112  Lee  Bans admission to postsecondary education, scholarships, grants to students who are not citizens, LPRs or certain other immigrants. Dead. 

LA 

HB 487  Baldone  Would require non-resident non-citizens to pay at least 50% more in tuition than non-resident citizens. Committee on Education considered on June 14th. Did not move forward. 

LA 

HB 59  Harrison  Bans resident tuition, restricted admissions programs for disadvantaged or minority students, scholarships, work study, financial aid. Withdrawn by author. 

MD 

HB 401  McDonough et al.  Bans in-state tuition to students who cannot show that they are lawfully present in the U.S.  Dead. 

MD 

HB 655  McDonough, Dwyer, Impallaria, Kach, Kipke, Kebs  Bans higher education institutions from charging citizens tuition rates that are higher than rates charged to an immigrant student. Dead. 

MS 

SB 2228  Fillingane  Denies state financial aid, grants and scholarships to undocumented students.  Dead. 

MT 

HB 638 Howard  Would send referendum to voters to decide whether to deny  “state services,” including qualification as a student at a public university, and financial aid, to immigrants who unlawfully  entered the US or remain in the US unlawfully; would require state agencies to notify ICE of any undocumented immigrant applying for a state service. Passed House and Senate –
will appear on November 2012 ballot.

NE 

LB 657 Janssen Repeals in-state tuition law. Defeated. 

NC 

HB 11  Cleaveland  Ban on undocumented student enrollment in higher education. Committee on Education –
did not move. 

OK 

HB 2110  Christian  Higher Ed: Full repeal of in-state tuition law, which was previously restricted. Dead.

OK 

SB 575  Shorty and Terrill  Individuals unlawfully in the U.S. ineligible for postsecondary benefits on the basis of residence, including scholarships and financial aid. Gradfathers certain students. Dead. 

OK 

HB 1659  Enns  Individuals unlawfully in the U.S. inelgible for postsecondary benefits on the basis of residence, including scholarships and financial aid. Grandfathers certain students. Dead. 

OK 

HB 2091  Terrill  Individuals unlawfully in the U.S. ineligible for postsecondary benefits on the basis of residence, including scholarships and financial aid, repealing current provision but grandfathering
certain students. 
Dead. 

OK 

SB 683  Sykes and Christian  Would repeal in-state tuition and deny scholarships & financial aid to students who are not lawfully present. Dead. 

OK 

HB 1446  Faught and Justice  Omnibus bill, includes in-state tuition repeal. Dead.

TN 

HB 335  Ragan  Bans enrollment in higher education. Hearing in Ed Sub-committee in House deferred to 2012. 

TX 

HB 1387  Cain  Students not lawfully present ineligible for in-state tuition, financial aid, or scholarships. Referred to State Affairs Committee. Did not move. 

TX 

SB 1631  Birdwell  Would repeal in-state tuition law. Senate Higher Education Committee hearing on May 18th – no action taken.

UT 

HB 191  Wimmer  Adds condition that student or parent show that paid Utah income taxes in past 3 years.  Died. 

UT 

SB 288  Bramble  Adds condition that children or parents are UT guest workers (if that program goes into effect) in order to qualify for in-state tuition rate. Died. 

VA 

HB 2153  Cline  Bars undocumented students from any "post-secondary educational benefits," including in-state tuition and financial aid. Incorporated into HB 1465, which was defeated. 

VA 

HB 1465  Peace  Bars public higher education institutions from enrolling undocumented students. Defeated. 

WA 

SB 5828  Benton et al.  Would repeal in-state tuition law. Reintroduced in special session;
Higher Education & Workforce Development. 

WI 

AB 40  Joint Committee of Finance  Eliminates non-resident tuition exemption. Enacted June 26, 2011. 

 

Bills Restricting Access to K-12 Education

Includes bills that impose barriers to K-12 education, including heightened registration requirements, data collection provisions, and other exclusionary measures.

State

Bill No.

Author(s)

Description and Bill Text

Status

AL

 HB 56 Beason
Hammon 
Omnibus anti-immigrant bill - requires K-12 schools to determine whether children enrolling were born outside the U.S., whether their parents are undocumented, and if no birth certificate, the student’s immigration status. Requires school districts to report the numbers, impact and costs related to students presumed to be undocumented to the legislature. Signed into law on June 9th.
Preliminarily enjoined by the
11th Circuit Court of Appeals,
October 14, 2011. 

AZ

SB 1407  Smith,
Klein,
Pearce,
Kavanagh
Biggs, et al. 
Requires AZ Dep't of Education to collect data on K-12 students who cannot document lawful status. Failed in the Senate. 

AZ

SB 1611  Pearce  Omnibus anti-immigrant bill: Requires persons enrolling student in K-12 public, private or home school to provide a US birth certificate or citizenship/USCIS documents, or an affidavit explaining inability to provide birth certificate. School officials shall report noncompliance to local law enforcement. Failed in the Senate. 

AZ

HB 2179  Seel  Department of Education shall compile data concerning students who cannot prove lawful presence in the US. Died. 

AZ

HB 2505 Seel  Excludes children whose parents are unable to prove the child's lawful presence in the US from the "student count." Died. 

GA 

HB 296 Clark et al.  Requires school districts to collect and maintain data on number of undocumented students enrolled. Dead.

MD 

SB 329/
HB 372 
Frederick County delegation Requires Frederick County Board of Education to report to the Board of County Commissioners on the number of K-12 students whose lawful presence cannot be documented. Unfavorable Report by Senate Education
Health and Environmental Affairs
;
House Ways & Means.
Did not move.

NC 

HB 744 Folweel et al.  Requires parents to provide a birth certificate, with narrow exceptions, for children enrolling in school. Became law on June 28th.

OK 

HB 2086  Terrill  Requires K-12 school districts to determine citizenship status of students. Dead.

OK 

HB 1805  Tibbs  Authorizes school districts to charge students who are not lawfully present in the U.S. fees for non-academic activities or courses/activities where credit is not awarded. Dead.

OK 

HB 1477  Armes  No school district shall admit persons who are not citizens of the United States, or the children of persons who are not citizens of the United States into the Oklahoma education system at any level. Dead.

OK 

SB 537  Shorty  Requires elementary and secondary schools to determine citizenship status of enrolled students. Dead.

TN 

SB 1469

HB 0943 
Bell
Lollar 
Requires that schools and health facilities determine each student's and each patient's, citizenship and immigration status; aggregate reports of students and patients to be delivered to general assembly. Senate Education - assigned to
subcommittee; House State &
Local Government subcommittee.
Did not move.

TN 

SB 1760

HB 1085 
Ketron
Weaver 
Requires that each student provide SSN, via or an indication that such document is not available, and requires Commissioner of Education to publish report on this data. Senate Education - assigned to
subcommittee; House State &
Local Government subcommittee
passed- going to full committee - 
taken off calendar. 

TX 

HB 22  Riddle  Requires birth certificates upon K-12 enrollment; data collection of status. State Affairs Committee.
Did not move. 

 TX

HB 1186  Howard  No student IDs for undocumented students in K-12 or higher education. State Affairs Committee.
Did not move.  

VA 

HB 1775  C. Todd Gilbert  Requires birth certificates upon enrollment for K-12 education; requires schools to track legal status of students' parents. Failed in Committee.