The legislature is the only body that can determine the issue of in-state tuition for undocumented students, and not the Colorado Commission on Higher Education, Attorney General John Suthers decided this week.
The commission asked Suthers for a formal opinion after it was approached several times by activists and legislators.
“After attempts in the legislature to do this failed, activists, legislators and some commissions said, ‘Is this right?”‘ said Rick O’Donnell, executive director of the CCHE. “So we asked for a formal opinion.”
Suthers and former Attorney General Ken Salazar had given similar informal opinions previously.
O’Donnell said he will continue to point people toward the statehouse when they ask for reviews of state tuition policies.
Currently, state policy requires that undocumented students pay an out-of-state rate.
It is unclear how many students would benefit from a change to in-state status, O’Donnell said.
“Even if Colorado did this, they would not qualify for any federal financial aid or federally insured student loans,” he said.
The issue has been a hot topic at the statehouse for several years.
Last year, Rep. Val Vigil, D-Thornton, proposed allowing undocumented students to pay in-state tuition.
Republican Rep. Ted Harvey, of Highlands Ranch, proposed a state law that would forbid giving such students the in-state rate.
Both bills failed. Harvey is pushing a similar bill this year.
Nine states offer in-state tuition to undocumented students, including California, Kansas, New Mexico, Oklahoma and Utah.
“Our legislators should take their lead and put Colorado on the map as a state that promotes, honors and respects the rights of all high school graduates to equally access higher education,” said Pam Martinez, of Padres Unidos.
Staff writer Elizabeth Aguilera can be reached at 303-820-1372 or at eaguilera@denverpost.com.
