The purpose and effect of this amendment is to revise language requiring parents of dependents to provide evidence of legal presence for residency for tuition purposes, in accordance with Ruiz, et al, v. Gerard Robinson, et al, Case No. 11-cv-23776-...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.044Residency for Tuition Purposes

PURPOSE AND EFFECT: The purpose and effect of this amendment is to revise language requiring parents of dependents to provide evidence of legal presence for residency for tuition purposes, in accordance with Ruiz, et al, v. Gerard Robinson, et al, Case No. 11-cv-23776-KMM, the U.S. District Court Southern District of Florida. The revision would cease requiring parents of dependent students to demonstrate legal presence in the U.S. for the student to be classified as a resident for tuition purposes and would only require the student to show legal presence in the U.S.

SUMMARY: The provisions of this rule establish policies for public postsecondary educational institutions to classify students as residents or nonresidents for the purposes of assessing tuition.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The changes reflected in the proposed rule will have no economic impact as they reflect requirements of a federal court order that would be in place regardless of the rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1009.21 FS.

LAW IMPLEMENTED: 1009.21 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 17, 2013, 9:00 a.m.

PLACE: Forest Hill Community High School, 6901 Parker Avenue, West Palm Beach, FL 33405

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Alexander, Division of Florida Colleges, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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, F.S.

(1) through (3) No change.

(4) A student 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:

(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 current 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.

(c) A U.S. citizen.

(5) No change.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Hanna, Chancellor, Division of Florida Colleges

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 27, 2012