BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 14 of the Delaware Code by adding thereto a new Chapter as follows:

1. Notwithstanding any other provision of law to the contrary, for tuition purposes, an individual shall be deemed a Delaware 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 in the State of Delaware 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 and resided in the State of Delaware for at least three (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 a public institution of higher education not earlier than the 2004 fall semester; and
5. In the case of an individual who is not a citizen or a permanent resident of the United States, the individual provides the public institution of higher education 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.

1. A public institution of high education may not award a degree to an individual who qualifies for resident tuition charges under this Section until the individual files the affidavit specified under this Section; or pays the difference between the tuition charges for a non-resident student and the tuition charges for a resident student at the institution.
2. This Section applies only to tuition for a term or semester that begins on or after the effective date of this Act.".