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H8252aaHigher Education

Education - Council on Postsecondary Education

This bill reduces the high school attendance requirement for in-state college tuition and expands eligibility regardless of immigration status.

Introduced34 Yea4 Nay0 Not voting
Population
Affected
15
Introduced Mar 6, 2026Committee House Finance

Plain-English Summary

This bill makes it easier for students to qualify for in-state tuition at Rhode Island public colleges and universities. It reduces the requirement for attending a Rhode Island high school from three consecutive years down to two consecutive years. It also removes the exclusion of nonimmigrant aliens, allowing any student who meets the state residency and high school attendance requirements to get in-state tuition, regardless of their immigration status. Additionally, it removes the requirement for non-citizen students to file an affidavit promising to apply for lawful immigration status.

For younger readers

This bill changes the rules for paying less money to go to college in Rhode Island. Right now, kids have to go to a high school in the state for three years in a row to get the cheaper price, but this bill changes it to just two years. It also says that any student who lives in the state and finishes high school here can get this cheaper price, no matter what country they or their parents came from or what kind of paperwork they have to live in the United States.

Who & Where It Applies

Impacted groups
College studentsHigh school studentsNonimmigrant aliensUndocumented immigrantsPublic universities and colleges
Impacted communities
All

Constitutional & Fiscal Check

None Likely. States generally have the authority to determine residency and tuition requirements for their public university systems, and the Supreme Court has previously upheld state laws granting in-state tuition to undocumented students.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Expands access to affordable higher education for undocumented and nonimmigrant students, promoting educational equity and social justice.
  • Reduces the high school attendance requirement from three years to two, making in-state tuition accessible to more students, particularly those from transient or low-income families.
  • Removes the burden on non-citizen students to submit an affidavit regarding their immigration status, protecting their privacy and reducing systemic barriers to education.
  • The effective date is delayed until July 1, 2026, meaning students graduating before then will not benefit from these expanded protections and reduced tuition costs.
  • Removes explicit statutory language requiring schools to notify students if their immigration status information is shared with other agencies, potentially reducing transparency.
  • Still requires two consecutive years of high school attendance, which may continue to exclude highly marginalized students who recently arrived or faced housing instability.
For Conservatives
  • By expanding the pool of college-educated residents, the bill could increase the availability of skilled workers for local businesses and corporations.
  • Streamlines administrative processes for public universities by simplifying the affidavit requirements, potentially reducing state bureaucratic overhead.
  • Encourages legal nonimmigrant aliens to remain in Rhode Island for their higher education, potentially keeping talent and tuition dollars within the state's economy.
  • Rewards individuals who may be in the country illegally by providing them with taxpayer-subsidized in-state tuition, which contradicts strict adherence to the rule of law.
  • Removes the requirement for undocumented students to commit to seeking lawful immigration status, eliminating a mechanism that encourages legal compliance.
  • Expands government assistance by increasing the number of students eligible for subsidized in-state tuition, potentially increasing the financial burden on state taxpayers.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 9 additions · 22 deletions

SECTION 1. Section 16-59-9.3 of the General Laws in Chapter 16-59 entitled "Council on Postsecondary Education [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended to read as follows: 16-59-9.3. Student Success Act. Notwithstanding any other provision of the general or public laws:

(1) A Any student, other than a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15), who meets all of the following requirements shall be exempt from paying nonresident tuition at Rhode Island public universities, colleges, or community colleges, if he or she the student:

(i) Attended an approved Rhode Island high school for three (3) two (2)or more consecutive years;

(ii) Continues to reside in the state of Rhode Island;

(iii) Has graduated from an approved Rhode Island high school or received a high school equivalency diploma from the state of Rhode Island; and

(iv) Has filed, or will file, upon matriculation, with the Rhode Island public university, college, or community college of expected attendance, an affidavit stating that:

(A) The the student meets the requirements of subsections (1)(i) and (1)(ii) through (1)(iii) of this section; and

(B) If the student is not a United States citizen and does not have a lawful immigration status, that the student has filed an application for lawful immigration status, or will file the application as soon as the student is eligible to do so. The affidavit shall not require students to reveal their immigration or citizenship status.

(2) Any nonimmigrant foreign national student, who has resided in Rhode Island for three

(3) years and has attended a Rhode Island high school for three (3) years, will be eligible to pay the same in-state tuition as any other Rhode Island student. (3)(2) Identifiable student information obtained pursuant to subsection (1) of this section shall be confidential to the extent provided by state and federal law (including the federal Family Educational Rights and Privacy Act (FERPA)). If information obtained pursuant to this section regarding a student’s immigration status is provided to any agency for purposes other than the implementation of this section, the entity providing the information shall promptly notify the student. (4)(3) The Rhode Island council for postsecondary education shall prescribe rules and regulations as may be necessary for the implementation of this section.

SECTION 2. This act shall take effect on July 1, 2026.