110 ILCS 675/20-88

(110 ILCS 675/20-88)

(Text of Section before amendment by P.A. 103-876)

Sec. 20-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7). Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(Source: P.A. 101-424, eff. 8-16-19.)

(Text of Section after amendment by P.A. 103-876)

Sec. 20-88. In-state tuition charge.

(a) Notwithstanding any other provision of law to the contrary, for tuition purposes until July 1, 2026, the Board shall deem an individual an Illinois resident, until the individual establishes a residence outside of this State, if all of the following conditions are met:

(1) The individual resided with his or her parent or guardian while attending a public or private high school in this State.

(2) The individual graduated from a public or private high school or received the equivalent of a high school diploma in this State.

(3) The individual attended school in this State for at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.

(4) The individual registers as an entering student in the University not earlier than the 2003 fall semester.

(5) In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the University with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

This subsection (a) applies only to tuition for a term or semester that begins on or after May 20, 2003 (the effective date of Public Act 93-7) but before July 1, 2026. Any revenue lost by the University in implementing this subsection (a) shall be absorbed by the University Income Fund.

(a-5) Notwithstanding any other provision of law to the contrary, beginning July 1, 2026, an individual, other than an individual who has a non-immigrant alien status that precludes an intent to permanently reside in the United States under subsection (a) of Section 1101 of Title 8 of the United States Code, shall be charged tuition by the Board at the same rate as an Illinois resident if the individual meets all of the requirements of either paragraph (1) or (2):

(1) The individual:

(A) attended a public or private high school in this State for at least 2 years before enrolling at the University;

(B) graduated from a public or private high school in this State or received the equivalent of a high school diploma in this State;

(C) attended high school while residing in this State and has not established residency outside of this State before enrolling at the University; and

(D) agrees to swear and affirm to the University that the individual will file an application to become a permanent resident of the United States at the earliest opportunity if the individual is eligible to do so and is not a citizen or lawful permanent resident of the United States.

(2) The individual:

(A) attended any of the following for at least 2 years and attended for a cumulative total of at least 3 years before enrolling at the University:

(i) a public or private high school in this State;

(ii) a public community college in a community college district organized under the Public Community College Act; or

(iii) a combination of those educational institutions set forth in subdivisions (i) and (ii) of this subparagraph (A);

(B) has at the time of enrollment:

(i) graduated from a public or private high school in this State or received the equivalent of a high school diploma in this State; and

(ii) earned an associate degree from or completed at least 60 credit hours of graded, transferable coursework at a public community college in a community college district organized under the Public Community College Act;

(C) attended an educational institution set forth in subdivision (i) or (ii) of subparagraph (A) of this paragraph (2) while residing in this State and has not established residency outside of this State before enrolling at the University; and

(D) agrees to swear and affirm to the University that the individual will file an application to become a permanent resident of the United States at the earliest opportunity if the individual is eligible to do so and is not a citizen or lawful permanent resident of the United States.

(b) If a person is on active military duty and stationed in Illinois, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes. Beginning with the 2009-2010 academic year, if a person is on active military duty and is stationed out of State, but he or she was stationed in this State for at least 3 years immediately prior to being reassigned out of State, then the Board shall deem that person and any of his or her dependents Illinois residents for tuition purposes, as long as that person or his or her dependent (i) applies for admission to the University within 18 months of the person on active military duty being reassigned or (ii) remains continuously enrolled at the University. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board shall deem that person an Illinois resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes. Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the Board of Trustees shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.

(c) The Board may adopt a policy to implement and administer this Section and may adopt a policy for the classification of in-state residents, for tuition purposes, based on residency in this State.

(d) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.

(Source: P.A. 103-876, eff. 1-1-25.)