Email, Dominic Chavez, senior director, external relations, Texas Higher Education Coordinating Board, Oct. 7, 2013

4:26 pm

Per your question, state law is still silent on the notion of identifying an entity with the responsibility for monitoring whether students comply with the requirements outlined in signed affidavits for the purpose of receiving in-state tuition.  However, since your last inquiry, the THECB has instituted some additional requirements within existing rule-making authority under statute.


First, we found that the document retention policy at institutions was inconsistent—largely because there was no formal guidance on how they should handle affidavits. (Remember, affidavits are to be retained locally, not at the state).  Therefore the THECB adopted rules mandating that institutions maintain signed affidavits indefinitely or until the student produces documentation demonstrating compliance with the provisions of affidavit.


Second, the THECB instituted a policy that institutions counsel affidavit students each year they remain enrolled at the institution, and upon graduation, of their responsibilities vis a vis the signed affidavit.  The institutions must also refer students to the appropriate federal agency for instructions on how to achieve permanent residency status pursuant to affidavit requirements.



Dominic M. Chavez

Senior Director

Office of External Relations

Texas Higher Education Coordinating Board