AGO 84-25.

• Case Date: December 12, 1984
• Court: Colorado

Colorado Attorney General Opinions 1984. AGO 84-25. December 12, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-25 AG Alpha No. LW CU AGANO Dr. Arnold R. Weber President University of Colorado Boulder, CO 80309 RE: Re-enrollment of nonresident students changing tuition statusDear Dr. Weber: I write in response to your request for my opinion about the lawfulness of requiring nonresident students to re-enroll before being permitted to matriculate as in-state students. QUESTION PRESENTED AND CONCLUSION Is it lawful for the Board of Regents to require students who were admitted as out-of-state students but who qualify for a change in classification to in-state student for tuition purposes to successfully compete for admission with other in-state applicants before being permitted to matriculate as in-state students at the University of Colorado? No. ANALYSIS The general assembly has enacted statutes which set out specific rules and presumptions governing the classification of students for tuition purposes as in-state or out-of-state residents. Article 7, title 23, C.R.S. (1973 & 1984 Supp.). The stated purpose of those rules is that tuition status be determined uniformly by state institutions of higher education. Section 23-7-101, C.R.S. (1973). A student who has previously registered at an institution may file written evidence with the registering authority to demonstrate that his tuition status has changed. The general assembly has required that a change of classification established in that manner must be given effect at the time of the student's next registration. Section 23-7-103(2)(d), C.R.S. (1973). It is my understanding that this statutory requirement which authorizes students to change residency for tuition purposes conflicts with certain limits which have been placed on the number of students in each residency classification who are permitted to enroll at the University of Colorado at Boulder. The higher education governing boards and the general assembly's joint budget committee have entered into a memorandum of understanding for the fiscal year 1984-1985 which, among other matters, sets a cap on both the total enrollment at the University of Colorado at Boulder and the number of in-state students enrolled. When an out-of-state student...