Effective 07 Jul 2009, see footnote
173.1110. Unlawfully present students, no public benefits permitted — documentation of citizenship or lawful presence required — annual certification — definitions. — 1. No covered student unlawfully present in the United States shall receive a postsecondary education public benefit. Educational institutions awarding postsecondary education public benefits to covered students shall verify that these students are United States citizens, permanent residents, or lawfully present in the United States.
2. The following documents, in hard copy or electronic form, may be used to document that a covered student is a United States citizen, permanent resident, or is lawfully present in the United States:
(1) The Free Application for Student Aid Institutional Student Information Record;
(2) A state-issued driver's license;
(3) A state-issued nondriver's identification card;
(4) Documentary evidence recognized by the department of revenue when processing an application for a driver's license or nondriver's identification card;
(5) A United States birth certificate;
(6) A United States military identification card; or
(7) Any document issued by the federal government that confirms an alien's lawful presence in the United States.
3. All postsecondary higher education institutions shall annually certify to the department of higher education and workforce development that they have not knowingly awarded a postsecondary education public benefit to a covered student who is unlawfully present in the United States.
4. As used in this section, the following terms shall mean:
(1) "Covered student", a student eighteen years of age or older, who has graduated from high school and is attending classes on the campus of a postsecondary educational institution during regularly scheduled academic sessions;
(2) "Postsecondary education public benefit", institutional financial aid awarded by public postsecondary educational institutions and state-administered postsecondary grants and scholarships awarded by all postsecondary educational institutions to covered students.
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(L. 2009 H.B. 390)
Effective 7-07-09
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