Existing law prohibits the Board of Regents of the University of Nevada from assessing tuition charges against certain students, including, without limitation, students who graduated from a high school located in this State. (NRS 396.540) Existing law requires the State Board of Education to select an assessment to enable a person to demonstrate that he or she has achieved an educational level which is an acceptable substitute for completing a high school education. (NRS 390.055) This bill prohibits the Board of Regents from assessing tuition charges against a student who successfully completed the high school equivalency assessment selected by the State Board if the assessment was administered in this State. This bill also prohibits the Board of Regents from denying an exemption from tuition charges to a student on the basis that the student is not lawfully present in the United States if the student has been granted temporary protected status by the United States Citizenship and Immigration Services of the United States Department of Homeland Security. Existing federal law provides that a person who is not lawfully present in the United States shall not be eligible on the basis of residence within a state for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident. (8 U.S.C. § 1623) This bill prohibits the Board of Regents from denying an exemption from tuition charges which is not based on residency in this State to a student on the basis that the student is not lawfully present in the United States if the student has received a grant of deferred action from the United States Department of Homeland Security. This bill also prohibits the Board of Regents from denying an exemption from tuition charges which is based on residency to such a student on the basis that the student is not lawfully present in the United States if: (1) the provisions of the federal law which prohibit the granting of postsecondary education benefits on the basis of residency to persons who are not lawfully present in the United State unless such benefits are also granted to all citizens and nationals of the United States are repealed or otherwise cease to have effect; or (2) the Attorney General of this State issues a finding that such a student would be considered lawfully present in the United States for the purposes of the federal law.

Statutes affected:
As Introduced: 396.540
Reprint 1: 396.540
As Enrolled: 396.540
BDR: 396.540