No. 07-03 AG Alpha No. HE HE AGBCF August 14, 2007

David Skaggs, Executive Director of the Colorado Department of Higher Education, requested an opinion from this office concerning the question of whether a person qualifies for in-state tuition at a public college or university under the following circumstances: the person is a United States citizen, under the age of 22, and not emancipated; and the person’s parents1 have lived in Colorado for at least 12 continuous months prior to the student’s enrollment with the intent to stay, but are undocumented. As was discussed with Mr. Skaggs, this issue is of sufficient importance to Colorado's citizens and institutions of higher education that we are responding with this formal opinion.

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