Residency for Tuition Purposes

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-10.044: Residency for Tuition Purposes

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 6, February 12, 2010 issue of the Florida Administrative Weekly.

6A-10.044 Residency for Tuition Purposes.

The purpose of this rule is to establish consistent policies for the classification of students as residents for tuition purposes in accordance with criteria set forth in Section 1009.21, Florida Statutes.

(1) For Initial Determination of Residency: A dependent person will be one for whom fifty (50) percent or more of his or her support has been provided by another as defined by the Internal Revenue Service. An independent person will be one who provides more than fifty (50) percent of his or her own support as evidenced by the student’s most recent tax return or other documentation, including, but not limited to, pay stubs or bank account statements.

(a) A dependent student who attended a Florida high school for a minimum of two (2) academic years immediately preceding his or her initial enrollment in an institution of higher education and graduated from a Florida high school or earned a Florida GED within the last twelve (12) months may use their high school transcript or the GED transcript as evidence of Florida residency. At least one (1) additional document identified in Section 1009.21(3)(c)1. or 1009.21(3)(c)2., Florida Statutes, must be presented evidencing parental legal residence.

(b) If a declaration of domicile, pursuant to Section 222.17, Florida Statutes, is being used as one of the documents to establish residency for tuition purposes, the date that an applicant shall be deemed as establishing residency for tuition purposes shall be twelve (12) months hence from the date that the Clerk of Circuit Court notes the declaration was sworn and subscribed to them. Nothing in this subsection shall prevent the use of additional documentation as evidence that legal residency was established by other means pursuant to Section 1009.21(1)(c), Florida Statutes, as of a date earlier than that established by the Declaration of Domicile.

(2) For Residency Reclassification Determination. A student who is classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes by presenting a minimum of three (3) documents identified in Section 1009.21(3)(c)1. or 1009.21(3)(c)2., Florida Statutes, that convincingly demonstrate the establishment of permanent legal residence in Florida other than for the sole purpose of pursuing a postsecondary education. Documentation must demonstrate that the student or, if the student is a dependent, his or her parent, has maintained legal residence in Florida for at least twelve (12) consecutive months prior to his or her request for reclassification. For Initial Determination of Residency:

(a) A person or, if that person is a dependent, his or her parent or parents must have established legal residence in Florida for at least twelve (12) consecutive months prior to his or her initial enrollment in an institution of higher education.

(b) A dependent student who attended a Florida high school for a minimum of two (2) academic years immediately preceding his or her initial enrollment in an institution of higher education and graduated from a Florida high school or earned a Florida GED within the last twelve (12) months may use their high school transcript or the GED transcript as evidence of Florida residency. At least one (1) additional document identified in Section 1009.21(3)(c)1. or 2., Florida Statutes, must be presented evidencing parental legal residence.

(c) If a declaration of domicile, pursuant to Section 222.17, Florida Statutes, is being used as one (1) of the documents to establish residency for tuition purposes, the date that an applicant shall be deemed as establishing residency for tuition purposes shall be twelve (12) months hence from the date that the Clerk of Circuit Court notes the declaration was sworn and subscribed to them.

(3) The burden of providing clear and convincing documentation that justifies the institution’s classification of a student as a resident for tuition purposes rests with the student or, if the student is a dependent, his or her parent. For documentation to be “clear and convincing,” it must be credible, trustworthy, and sufficient to persuade the institution that the student or, if that student is a dependent, his or her parent has established legal residency in Florida that is not solely for the purpose of pursuing an education and has relinquished residency in any other state for at least twelve (12) consecutive months prior to classification. Each institution of higher education may establish submission deadlines for all documentation that will be used to determine residency for tuition purposes. Residency Reclassification Determination. A student who is classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes by presenting a minimum of three (3) documents identified in Section 1009.21(3)(c)1. or 2., Florida Statutes, that convincingly demonstrate the establishment of permanent legal residence in Florida other than for the sole purpose of pursuing a postsecondary education. Documentation must demonstrate that the student or, if the student is a dependent, his or her parent, has maintained legal residence in Florida for at least twelve (12) consecutive months prior to his or her request for reclassification.

(4) A non-United States citizen may be eligible to establish residency for tuition purposes if evidence is presented verifying that he or she is legally present in the United States and the student is one of the following: The burden of providing clear and convincing documentation that justifies the institution’s classification of a student as a resident for tuition purposes rests with the student or, if the student is a dependent, his or her parent. For documentation to be “clear and convincing,” it must be credible, trustworthy, and sufficient to persuade the institution that the student or, if that student is a dependent, his or her parent has established legal residency in Florida that is not solely for the purpose of pursuing an education and has relinquished residency in any other state for at least twelve (12) consecutive months prior to classification. Each institution of higher education may establish submission deadlines for all documentation that will be used to determine residency for tuition purposes.

(a) A foreign national in a nonimmigrant Visa classification eligible for study and with a date of departure that is not during the term the student will be enrolled. The student, and parent, if the student is a dependent, must present evidence of legal presence in the United States. A Student Visa shall not be accepted as evidence of eligibility to establish residency.

(b) A foreign national, such as permanent resident aliens, parolees, asylees, Cuban-Haitian Entrants, and other legal aliens granted indefinite stay, in a status that is eligible for study in the United States.

(5) Each institution’s official residency appeal process established pursuant to Section 1009.21(11), Florida Statutes, shall be in writing and prominently displayed on the institution’s web site. Non-U.S. citizens who are currently classified as permanent residents, parolees, asylees, refugees, or other permanent status persons (e.g., conditional permanent residents and temporary residents) must present valid and eligible documentation from the U.S. Citizenship and Immigration Services (USCIS) as indentified in subsections (6) and (7) of this rule. Non-U.S. citizens who have applied to the USCIS with no date certain for departure shall be considered eligible to establish Florida residency for tuition purposes. Both student, and parent, if the student is a dependent, must have valid and eligible USCIS documentation. All non-U.S.citizen document categories must be valid and non-expired for the entire term in which a non-U.S. citizen is classified as a Florida resident.

(6) Nonimmigrants holding one of the following visas shall be considered eligible to establish Florida residency for tuition purposes. Individuals with non-immigrant visas must provide evidence that: (1) he or she is in an eligible visa category (and parent, if a dependent); and (2) he or she has lived in Florida for the required twelve (12) month qualifying period (or parent, if a dependent). Visa categories must be valid and non-expired for the entire term in which a nonimmigrant is classified as a Florida resident. Persons in visa categories not listed herein shall be considered ineligible to establish Florida residency for tuition purposes.

(a) Visa category A – Foreign Government Official, including members of their immediate family.

(b) Visa category E – Treaty Traders and Investors, including their spouse and children.

(c) Visa category G – Foreign Government Officials to International Organizations, including members of their immediate family.

(d) Visa category H-1B – Temporary Workers (Specialty Occupations, Department of Defense Workers, Fashion Models, and Nurses in HPSA’s), including their spouse and children.

(e) Visa category I – Foreign Media Representatives, including their spouse and children.

(f) Visa category K – Fiancé(e)s of United States citizen(s), including their children.

(g) Visa category L – Intracompany Transferees, (including their spouse and children).

(h) Visa category N – Parent or child of alien accorded special immigrant status.

(i) Visa category O-1 – Workers of “Extraordinary” Abilities, including their spouse and children.

(j) Visa category R – Religious workers, including their spouse and children.

(k) Visa category NATO 1-7 – North Atlantic Treaty Organization Representatives and their immediate family.

(l) Visa category S – Alien witnesses and informants, including their spouse and children.

(m) Visa category T – Victims of trafficking, who cooperate with federal authorities in prosecutions of traffickers, including their spouses and children.

(n) Visa category U – Victims of Certain Crimes, including their spouse and children.

(o) Visa category V – Spouses and children of lawful permanent residents.

(7) Non-U.S. citizens who fall within the following categories shall also be considered eligible to establish Florida residency for tuition purposes:

(a) Citizens of Micronesia.

(b) Citizens of the Marshall Islands.

(c) Beneficiaries of the Family Unity Program.

(d) Individuals granted Temporary Protected Status (TPS).

(e) Individuals granted Withholding of Removal status.

(f) Individuals granted Suspension of Deportation status or cancellation of Removal.

(g) Individuals granted a Stay of Deportation status or Stay of Removal.

(h) Individuals granted Deferred Action Status.

(i) Individuals granted Deferred Enforced Departure status.

(j) Applicants for Adjustment of Status.

(k) Asylum applicants with INS receipt or Immigration Court stamp.

(8) Institutions shall establish a residency appeal committee that is responsible for making final residency determinations for students who initiate an appeal according to the institution’s official appeal process. The official appeal process shall be written and prominently displayed on the institution’s web site.

Rulemaking Specific Authority 1009.21(11) FS. Law Implemented 1009.21(11) FS. History–New 10-6-92, Amended 10-17-00, 3-22-05,_________.