The law sets forth the conditions you must meet in order to be classified as an in-state student.  Although people who have lived in Colorado only a short time are considered state residents by voting and other legal purposes, they are not necessarily classified as in-state for tuition purposes unless they meet specific additional requirements outlined by the law.

Administering the tuition law, as with any law, depends upon the judgement and interpretation of individual actions and circumstance.

*Sections 23-7-101-105 (Revised Statutes) C.R.S., (1988 and 1990 Supp.)

Legal Terms You Should Know
The four most relevant legal terms are used for tuition classification purposes are domicile, physical presence, intent, and emancipation.

Domicile is the term used to describe the place where a person has chosen to make a permanent and fixed home.  Domicile includes physical presence and intent, and it must be established for the 12 months prior to the first day of classes.

Physical presence is the actual place where a person lives.  In the event that you have two or more homes, only one can be considered your legal residence for classification purposes.  If you need to establish proof of physical presence you can do so by providing rent receipts, lease agreements, home ownership papers, or statements from landlords.

Intent refers to person's demonstrable plans to establish, maintain, or change his or her legal residence.  In addition, the person must demonstrate by actions and appropriate documentation that intent was demonstrated during the 12 months prior to the first day of classes.  As the college uses information supplied by you to determine intent, the burden is on you to provide the appropriate documentation.

The tuition law lists several factors that can be considered when determining if intent has been established.  The more factors you provide, the easier it is for the college to determine if you have established intent.  No one factor by itself is sufficient.  Here is a partial list of the factors that can be used to identify intent:

• Payment of Colorado income taxes as a Colorado resident.
• Permanent, full-time employment.
• Withholding of Colorado state taxes from wages.
• Obtaining a Colorado motor vehicle operator's license or a valid Colorado ID for identification purposes.
• Obtaining Colorado license plates.
• Ownership of residential real property in Colorado.

There is no set number of factors that determine an individual's domicile.  In fact, the law allows for the consideration of information or circumstances peculiar to an individual.  But again, it is the individual's burden to document the information. 

Emancipation is the term used when a person under the age of 23 is no longer considered a dependent nor is supported by parents or legal guardian.  A minor can begin establishing domicile on the date he/she is emancipated.  You can prove emancipation in the following ways:

• The parents or legal guardians submit an affidavit, which surrenders any claim or right to the care, custody, and earnings of the minor, as well as the duty to support the minor and the minor must meet all living expenses, including the cost of education.
• Proof of marriage for one year.
• Proof that parents or legal guardians have failed to provide financial support, along with proof that the minor can independently meet all living expenses, including the cost of education.
• Proven entry into the military service (1 year).

Common Questions

Who Decides?
The Office of Admissions initially determines your classification based on the information you provide on your admission application.  It is very important that you fill the application out completely.  If you don't, you might be classified as out-of-state.

When Do I find Out What My Classification Is?
When you are admitted to the college, you will receive an acceptance letter that states your tuition classification.

What If You Disagree With Our Decision?
If  you've been classified as out-of-state, and you don't agree with this classification, we'll explain the appropriate procedures you must follow to request a change in your status.  There are several options.

In more simple cases, we might only need to include additional information on your admission application (remember what we said before about the importance of answering all the questions).

Other Questions and Answers:
Here's a list of the most commonly asked questions regarding tuition classification,

Q.Who sets the rules and procedures for considering individuals as in-state students for tuition purposes?
A.The State of Colorado tuition law is the basis for determining an individual tuition classification.  The law authorizes each institution to make the classification.  General guidelines for the implementation of the law have been established by the state, along with common policies generated by the Colorado Commission on Higher Education.

Q.How long must I live in Colorado before I can be granted in-state tuition rates?
A.An in-state student is defined as an individual who has been domiciled (physical presence and intent) in Colorado for the 12 continuous months or more immediately preceding the first day of the semester in which you enroll.

Q.How old must I be before I can begin to establish my domicile in Colorado?
A.There are three possible situations:

1. If you are at least 23 years of age, you are eligible to establish domicile in Colorado.  Because domicile must be established for 12 months prior to the 1^st day of classes, you may meet the requirements of the law no sooner than your 23^rd birthday.
2. If you are emancipated, you are eligible to establish domicile. 
3. If you are less than 23 years of age and not emancipated, you will be classified based on information about your parents or legal guardians.

Q.If I marry a Colorado resident or live with a relative who is a Colorado resident, am I considered an in-state student?
A.No.  Each individual must establish domicile, independently as prescribed by the tuition law. 

Q.Are there special circumstances for military personnel?
A.Yes.  Active duty military personnel who are permanently stationed in Colorado and their dependents, as defined by military regulations, can qualify for an adjustment of the out-of-state portion of their tuition.  For complete information you should contact the education officer at the base where you are assigned.  Military personnel who wish to become permanent Colorado residents may establish their in-state status the same as any other resident.

Q.Is the tuition classification decision at one institution transferable to another institution?
A.No.  Each institution is responsible for determining the tuition classification of its students.  There may be slightly different procedures at different institutions, but each one must have a process by which individuals can appeal their tuition classification.

Q.Can I establish in-state status while I am a student?
A.Yes, but the mere fact that you are a student, part-time or full-time, is not sufficient evidence to change your classification.  You must still demonstrate your physical presence and intent, as defined earlier, before you can be classified as an in-state student.

Q.May I leave the state for vacations or summer work while establishing my in-state status?
A.Yes, but you must maintain the Colorado connections you have begun, such as claiming any income as Colorado income for tax purposes.  Any interruptions or change in these connections could be sufficient cause to negate whatever domicile has been established and result in starting your domicile over again once you return to Colorado.  You should check with your registering authority before you leave.

Q.Is there any consideration given for a minor whose parents have lived in Colorado and established in-state status, but who now have permanently moved out of the state?
A.If the parents move during the minor's senior year in high school and can provide copies of Colorado income tax for the previous 4 years, it is possible for the minor to be considered in-state for tuition purposes.  One stipulation is that the minor must enroll in a Colorado post-secondary institution within 3 ½ years of graduation for a Colorado high school.

Q.Can anyone I know be my legal guardian?
A.Legal guardianship must be established through judicial system.  Only a court-appointed guardianship, not a self-appointed guardianship will be recognized.

Q.Can resident aliens establish in-state classification?
A.Resident aliens can legally establish a domicile when the U.S. Immigration Service has granted them status of lawful permanent resident.  The date used to begin establishing domicile is the date the application for permanent visa was submitted.  This date should be documented, along with the photocopy of the immigrant card.

Q.Can foreign students establish in-state classification?
A.Only certain non-immigration classifications allow for establishing in-state status.  You should contact the Office of Admissions for information. 

Q.What if I disagree with the final tuition classification decision?
A.  The college has established appeal procedures, and the decision reached during this process is final.  If you disagree at this point, subsequent appeal would require legal action.  There is no central state office or agency that is involved in the appeal process.

Petition for In-State Tuition Classification Process (303) 556-3991
In more complicated cases, we may require you to submit a petition for in-state classification, along with documentation to support your claim.

Click here for the In-State Tuition Classification Petition.

There are deadlines for submitting completed petitions; these are published in each semester's class schedule (7 days from the 1^st day of classes).

After reviewing the petition, the Registrar's Office will either render a decision or request more information.

If your request for in-state is denied, you may then ask that your petition be reviewed by the Tuition Classification Appeals Committee.  All decisions of the committee are final.

Where do I send my petition?
The Colorado Tuition Classification (residency) section of the Registrar's Office reviews petitions for In-State residency.