Section 9 of chapter 15A of the General Laws, as most recently amended by section 52 of chapter 26 of the Acts of 2003, is hereby further amended by adding the following paragraph:—

Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees at public institutions of higher education, except the University of Massachusetts Medical School, any individual, other than a non-immigrant alien within the meaning of paragraph 15 of subsection (a) of Section 1101 of Title 8 of the United States Code, who has attended high school in the commonwealth for 3 or more years and has achieved graduation from a high school in the commonwealth or attained the equivalent thereof, shall be eligible for in-state tuition rates and fees at the University of Massachusetts, or any state or community college. No person qualified for in-state tuition rates and fees under this chapter shall be denied such in-state tuition and fees as a result of the granting of eligibility under this paragraph. In the case of an individual who is not a citizen or permanent resident of the United States, the individual shall provide the University of Massachusetts, or the state or community college with an affidavit stating that the individual has filed an application to become a citizen or permanent resident of the United States, or shall file an application at the earliest opportunity the individual is eligible to do so.