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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 870
Introduced by Andersen, 49; Kauth, 31.
Read first time January 08, 2026
Committee: Education
A BILL FOR AN ACT relating to postsecondary education; to amend section1
85-502, Reissue Revised Statutes of Nebraska; to change residence2
requirements relating to tuition and fees at state postsecondary3
educational institutions; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 85-502, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
85-502 Rules and regulations established by the governing board of3
each state postsecondary educational institution shall require as a4
minimum that a person is not deemed to have established a residence in5
this state, for purposes of sections 85-501 to 85-504, unless:6
(1) Such person is of legal age or is an emancipated minor and has7
established a home in Nebraska where he or she is habitually present for8
a minimum period of one hundred eighty days, with the bona fide intention9
of making this state his or her permanent residence, supported by10
documentary proof; 11
(2) The parents, parent, or guardian having custody of a minor12
registering in the educational institution have established a home in13
Nebraska where such parents, parent, or guardian are or is habitually14
present with the bona fide intention to make this state their, his, or15
her permanent residence, supported by documentary proof. If a student has16
matriculated in any state postsecondary educational institution while his17
or her parents, parent, or guardian had an established home in this18
state, and the parents, parent, or guardian ceases to reside in the19
state, such student shall not thereby lose his or her resident status if20
such student has the bona fide intention to make this state his or her21
permanent residence, supported by documentary proof;22
(3) Such student is of legal age and is a dependent for federal23
income tax purposes of a parent or former guardian who has established a24
home in Nebraska where he or she is habitually present with the bona fide25
intention of making this state his or her permanent residence, supported26
by documentary proof; 27
(4) Such student is a nonresident of this state prior to marriage28
and marries a person who has established a home in Nebraska where he or29
she is habitually present with the bona fide intention of making this30
state his or her permanent residence, supported by documentary proof;31
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(5) Except as provided in subdivision (9) of this section, such1
student, if an alien, has applied to or has a petition pending with the2
United States Immigration and Naturalization Service to attain lawful3
status under federal immigration law and has established a home in4
Nebraska for a period of at least one hundred eighty days where he or she5
is habitually present with the bona fide intention to make this state his6
or her permanent residence, supported by documentary proof;7
(5) (6) Such student is a staff member or a dependent of a staff8
member of the University of Nebraska, one of the Nebraska state colleges,9
or one of the community college areas who joins the staff immediately10
prior to the beginning of a term from an out-of-state location;11
(6)(a) (7)(a) Such student is on active duty with the armed services12
of the United States and has been assigned a permanent duty station in13
Nebraska; or 14
(b) Such student is a spouse or legal dependent of a person who was15
on active duty with the armed services of the United States assigned to a16
permanent duty station in Nebraska at the time such student was accepted17
for admission to the state postsecondary educational institution and such18
student remains continually enrolled at such state postsecondary19
educational institution; 20
(7) (8) Such student is currently serving in the Nebraska National21
Guard; or 22
(9)(a) Such student resided with his or her parent, guardian, or23
conservator while attending a public, private, denominational, or24
parochial high school in this state or a school in this state which25
elects pursuant to section 79-1601 not to meet accreditation or approval26
requirements and: 27
(i) Graduated from a public, private, denominational, or parochial28
high school in this state, completed the program of instruction offered29
by a school in this state which elects pursuant to section 79-1601 not to30
meet accreditation or approval requirements, or received a diploma of31
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high school equivalency issued pursuant to section 79-730;1
(ii) Resided in this state for at least three years before the date2
the student graduated from the high school, completed the program of3
instruction, or received the diploma of high school equivalency;4
(iii) Registered as an entering student in a state postsecondary5
educational institution not earlier than the 2006 fall semester; and6
(iv) Provided to the state postsecondary educational institution an7
affidavit stating that he or she will file an application to become a8
permanent resident at the earliest opportunity he or she is eligible to9
do so. 10
(b) If the parent, guardian, or conservator with whom the student11
resided ceases to reside in the state, such student shall not lose his or12
her resident status under this subdivision if the student has the bona13
fide intention to make this state his or her permanent residence,14
supported by documentary proof; or 15
(8) (10) Such student is qualified for a national service16
educational award or summer of service educational award from the17
National Service Trust pursuant to 42 U.S.C. 12602, as such section18
existed on January 1, 2021. 19
Sec. 2. Original section 85-502, Reissue Revised Statutes of20
Nebraska, is repealed. 21
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