Illinois Law on In-State Tuition

Summary of (110 ILCS 305/7e-5)

Effective Fall 2003

The law should be viewed as a supplement to the University of Illinois Residency Status Regulations. The law allows in-state tuition for those applicants to the University of Illinois (U.S. citizens and non-citizens) who meet the following criteria:

  1. attended an Illinois school for at least three years (K-12) prior to graduating or receiving the equivalent of a diploma;
  2. graduated from an Illinois high school or received the equivalent of a diploma in Illinois;
  3. resided with parents or guardians while attending an Illinois high school; and
  4. for those applicants who are not U.S. citizens or permanent residents of the U.S., provided the University with a notarized affidavit stating the applicant will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.

(Note: If the above criteria are all met, but the student subsequently establishes a residence in another state before enrolling at the University of Illinois, the student is not eligible for resident tuition under this law.)

Affidavit forms are available from campus Admissions offices or on this website. Note: Submission of this affidavit form is subject to the same deadlines as for the Petition for Determination of Residency Status. 

(110 ILCS 305/7e-5)

Sec. 7e-5. In-state tuition charge

a. Notwithstanding any other provision of law to the contrary, for tuition purposes, the Board of Trustees 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.

b. This Section applies only to tuition for a term or semester that begins on or after the effective date of this amendatory Act of the 93rd General Assembly. Any revenue lost by the University in implementing this Section shall be absorbed by the University Income Fund.