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[Utah Code Table of Contents]
[TITLE 53b. Table of Contents]
53B-8-101 Waiver of tuition.
(1) (a) The president of each institution may waive all or part of the tuition in behalf of meritorious or impecunious resident students to an amount not exceeding 10% of the total amount of tuition which, in the absence of the waivers, would have been collected from all Utah resident students at the institution.
(b) Two and a half percent of the waivers designated in Subsection (1)(a) shall be set aside for members of the Utah National Guard. Waivers shall be preserved by the student at least 60 days before the beginning of an academic term.
(2) (a) Each academic year the president of each of the following institutions may waive all or part of the resident portion of the tuition in behalf of the additional number of meritorious nonresident students set forth below who are not current recipients of the waiver: Number of Nonresident InstitutionStudents the University of Utah 190 Utah State University 165 Weber State University 135 Southern Utah University 68 Snow College 18 Dixie State College of Utah 30 the College of Eastern Utah 18 Utah Valley State College 114 Salt Lake Community College 43
(b) (i) The president may continue to waive the resident portion of the tuition during the entire time the affected meritorious nonresident student remains an undergraduate student in good standing at the institution.
(ii) The resident portion of the tuition for each nonresident student is equal to the tuition for resident students at the institution.
(c) The president may waive the nonresident portion of tuition for a meritorious nonresident student receiving a waiver under Subsection (2)(a) after completion of the student's first year of full-time study at the institution.
(d) (i) In addition to the waivers authorized by Subsections (2)(a) and (c), the president may waive all or part of the nonresident portion of tuition for a meritorious nonresident student during the student's first year of full-time study at the institution.
(ii) The number of these nonresident waivers for each institution is limited to the percentage of nonresident students at each institution times the nonresident student number allowed under Subsection (2)(a).
(3) Upon recommendation of the board, the president may grant additional full or partial tuition waivers to encourage students to enroll for instruction in occupations critical to the state for which trained personnel are in short supply.
(4) The president may waive all or part of the difference between resident and nonresident tuition in the case of meritorious graduate students and nonresident summer school students.
(5) The board shall submit annual budget appropriation
requests for each institution which include requests for
funds sufficient in amount to equal the estimated loss of
dedicated credits that would be realized if all of the tuition
waivers authorized by Subsection (2) were granted.
2003
53B-8-102 Definition of resident student.
(1) The meaning of "resident student" is determined by reference to the general law on the subject of domicile, except as provided in this section.
(2) (a) A person who has come to Utah and established residency for the purpose of attending an institution of higher education shall, prior to registration as a resident student:
(i) maintain continuous Utah residency status:
(A) while completing 60 semester credit hours at a regionally accredited Utah higher education institution or an equivalent number of applicable contact hours at the Utah College of Applied Technology; or
(B) for three years regardless of the number of credit hours earned; and
(ii) demonstrate by additional objective evidence, including Utah voter registration, Utah drivers license, Utah vehicle registration, employment in Utah, payment of Utah resident income taxes, and Utah banking connections, the establishment of a domicile in Utah and that the student does not maintain a residence elsewhere.
(b) A member of the Utah National Guard who performs active duty service shall be considered to maintain continuous Utah residency under this Subsection (2).
(3) (a) (i) Personnel of the United States Armed Forces assigned to active duty in Utah, and the immediate members of their families residing with them in this state are entitled to resident status for tuition purposes.
(ii) Except as provided in Subsection (3)(b), upon the termination of active duty status, the military personnel and their family members are governed by the standards applicable to nonmilitary persons.
(b) Military personnel who had Utah residency immediately prior to their active duty status and who reestablish residency in Utah upon the termination of active duty status are entitled to resident status for themselves and the immediate members of their families residing with them for tuition purposes.
(4) (a) Aliens who are present in the United States on visitor, student, or other visas which authorize only temporary presence in this country, do not have the capacity to intend to reside in Utah for an indefinite period and therefore are classified as nonresidents.
(b) Aliens who have been granted immigrant or permanent resident status in the United States are classified for purposes of resident status according to the same criteria applicable to citizens.
(5) The board, after consultation with the institutions, shall make rules not inconsistent with this section:
(a) concerning the definition of resident and nonresident students;
(b) establishing procedures for classifying and reclassifying students;
(c) establishing criteria for determining qualifying credit hours and judging claims of residency or domicile;
(d) establishing appeals procedures; and
(e) other matters related to this section.
(6) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or trust lands lie partly or wholly within Utah or whose border is at any point contiguous with the border of Utah, and any American Indian who is a member of a federally recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled to resident student status.
(7) A Job Corps student is entitled to resident student status if the student:
(a) is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate; and
(b) submits verification that the student is a current Job Corps student.
(8) A member of the Utah National Guard is entitled to resident student status if the student:
(a) is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate; and
(b) submits verification that the student is a member of the Utah National Guard.
(9) Other institutions within the system shall honor a
determination by an institution that a person is a resident
student unless the determination was obtained by false pretenses
or the facts which existed at the time of the determination
have materially changed.
2006
53B-8-103 Waiver of nonresident differential in tuition rates.
Notwithstanding any other provision of law:
(1) The board may determine when to grant a full or partial waiver of the nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal agreements with other states. In making this determination, the board shall consider the potential of the waiver to: (a) enhance educational opportunities for Utah residents; (b) promote mutually beneficial cooperation and development of Utah communities and nearby communities in neighboring states; (c) contribute to the quality of educational programs; and (d) assist in maintaining the cost effectiveness of auxiliary operations in Utah institutions of higher education.
(2) Consistent with its determinations made pursuant to Subsection (1), the board may enter into agreements with other states to provide for a full or partial reciprocal waiver of the nonresident tuition differential charged to undergraduate students. Each agreement shall provide for the numbers and identifying criteria of undergraduate students, and shall specify the institutions of higher education that will be affected by the agreement.
(3) The board shall establish policy guidelines for the administration by the affected Utah institutions of any tuition waivers authorized under this section, for evaluating applicants for such waivers, and for reporting the results of the reciprocal waiver programs authorized by this section.
(4) A report and financial analysis of any waivers of
tuition authorized under this section shall be submitted
annually to the general session of the Legislature as part
of the budget recommendations of the board for the system
of higher education.
1987
53B-8-104 Nonresident partial tuition scholarships.
(1) The board may grant a scholarship for partial waiver of the nonresident portion of total tuition charged by public institutions of higher education to nonresident undergraduate students, subject to the limitations provided in this section, if the board determines that the scholarship will:
(a) promote mutually beneficial cooperation between Utah communities and nearby communities in states adjacent to Utah;
(b) contribute to the quality and desirable cultural diversity of educational programs in Utah institutions;
(c) assist in maintaining an adequate level of service and related cost-effectiveness of auxiliary operations in Utah institutions of higher education; and
(d) promote enrollment of nonresident students with high academic aptitudes.
(2) The board shall establish policy guidelines for the administration by institutions of higher education of any partial tuition scholarships authorized under this section, for evaluating applicants for those scholarships, and for reporting the results of the scholarship program authorized by this section.
(3) The policy guidelines promulgated by the board under Subsection (2) shall include the following provisions:
(a) the amount of the approved scholarship may not be more than 1/2 of the differential tuition charged to nonresident students for an equal number of credit hours of instruction;
(b) a nonresident partial tuition scholarship may be awarded initially only to a nonresident undergraduate student who has not previously been enrolled in a college or university in Utah and who has enrolled full time for ten or more credit hours, whose legal domicile is within approximately 100 highway miles of the Utah system of higher education institution at which the recipient wishes to enroll or such distance that the regents may establish for any institution;
(c) the total number of nonresident partial tuition scholarships granted may not exceed a total of 400 such scholarships in effect at any one time; and
(d) the board shall determine eligibility for nonresident partial tuition scholarships on the basis of program availability at an institution and on a competitive basis, using quantifiable measurements such as grade point averages and results of test scores.
(4) The board shall submit an annual report and financial
analysis of the effects of offering nonresident partial tuition
scholarships authorized under this section to the Legislature
as part of its budget recommendations for the system of higher
education.
1997
53B-8-104.5 Nonresident tuition scholarships.
(1) In addition to the scholarships authorized under Section 53B-8-104 , the board may grant scholarships for a waiver of the nonresident portion of total tuition charged by public institutions of higher education to nonresident students, subject to the limitations provided in this section, if the board determines that the scholarships will:
(a) assist in maintaining an adequate level of service and related cost-effectiveness of auxiliary operations in Utah institutions of higher education;
(b) promote enrollment of nonresident students with high academic aptitudes; and
(c) provide for an effective transition to meet the requirements of Section 53B-8-102 .
(2) The board shall establish policy guidelines for the administration by institutions of higher education of scholarships authorized under Subsection (1), for evaluating applicants for those scholarships, and for reporting the results of the scholarship program authorized under Subsection (1).
(3) The policy guidelines promulgated by the board under Subsection (2) shall include the following provisions:
(a) a maximum of 675 of the approved scholarships may be up to 100% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction;
(b) 225 of the approved scholarships may not be at a level of more than 50% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction;
(c) a nonresident scholarship may be awarded initially only to a nonresident student who has not previously been enrolled in a college or university in Utah and who has enrolled full time for ten or more credit hours;
(d) the total number of nonresident scholarships granted under Subsection (1) may not exceed a total of 900 such scholarships in effect at any one time;
(e) the board shall determine eligibility for nonresident scholarships on the basis of program availability at an institution and appropriate academic credentials, using quantifiable measurements such as grade point averages and results of test scores; and
(f) a nonresident student who receives a scholarship of greater than 50% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction may not be counted against the funded target for the institution attended.
(4) The board shall submit an annual report and financial analysis of the effects of offering nonresident tuition scholarships authorized under this section to the Legislature as part of its budget recommendations for the system of higher education.
(5) This section applies to tuition scholarships and not
the individual admission standards of higher education.
2006
53B-8-105 New Century scholarships - High school requirements.
(1) (a) In addition to Centennial Scholarships awarded under Section 53A-15-102 and Career Teaching Scholarships awarded under Title 53B, Chapter 10, Terrel H. Bell Teaching Incentive Loan Program, the State Board of Regents and the State Board of Education shall jointly award New Century scholarships.
(b) In order to qualify for a New Century scholarship, a student in Utah schools shall complete the requirements for an:
(i) associate degree; or
(ii) approved math and science curriculum.
(c) The requirements under Subsection (1)(b) shall be completed:
(i) September 1 of the year the student's class graduates from high school; and
(ii) with at least a "B average" or 3.0 grade point average.
(d) The State Board of Regents shall develop and approve the math and science curriculum described under Subsection (1)(b)(ii).
(2) (a) The scholarship may be used at any higher education institution in the state accredited by the Northwest Association of Schools and Colleges that offers baccalaureate programs.
(b) (i) If used at an institution within the state system of higher education, the scholarship is equal in value to 75% of the tuition costs at the selected institution.
(ii) If used at an institution not within the state system of higher education, the scholarship is equal in value to 75% of the tuition costs at the institution, not to exceed 75% of the average tuition costs at the institutions referred in Subsection (2)(b)(i).
(c) Each scholarship is valid for up to two years of full-time equivalent enrollment, or until the requirements for a baccalaureate degree have been met, whichever is shorter.
(d) The State Board of Regents may grant a leave of absence to a scholarship holder, but the scholarship must be used in its entirety within five years after completion of high school.
(3) The New Century scholarship may be canceled at any time by the institution of attendance if the student fails to:
(a) maintain a "B average" for two consecutive semesters; or
(b) make reasonable progress towards the completion of a baccalaureate degree.
(4) (a) The Legislature shall make an annual appropriation from the General Fund to the State Board of Regents for the costs associated with the New Century scholarship program authorized under this section.
(b) It is understood that the appropriation is offset in part by the state moneys that would otherwise be required and appropriated for these students if they were enrolled in a four-year postsecondary program at a state-operated institution.
(c) Notwithstanding Subsections (1) and (2), if the appropriation under Subsection (4)(a) is insufficient to cover the costs associated with the New Century scholarship program, the State Board of Regents may limit or reduce scholarships.
(5) This section does not apply to a student who completes
an associate of applied technology degree from the Utah College
of Applied Technology.
2006
53B-8-106 Resident tuition - Requirements - Rules.
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
(3) The State Board of Regents shall make rules for the implementation of this section.
(4) Nothing in this section limits the ability of institutions
of higher education to assess nonresident tuition on students
who do not meet the requirements under this section.
2002
