The purpose and effect of this amendment is to incorporate the Florida Residency Declaration, Form FRD-1; to specify federal immigration statuses that qualify for legal residency for tuition purposes; to revise references to the “Florida GED” to the ...

 

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 incorporate the Florida Residency Declaration, Form FRD-1; to specify federal immigration statuses that qualify for legal residency for tuition purposes; to revise references to the “Florida GED” to the State of Florida High School Diploma authorized under Rule 6A-6.0201, F.A.C.; to clarify that reclassification of residency status may occur if a student or, if the student is a dependent, the parent, has maintained legal residence in Florida for at least twelve consecutive months immediately prior to the first day of classes for the term for which reclassification is sought, except as otherwise provided in section 1009.21, F.S.; to acknowledge that a dependent student who is a U.S. citizen may not be denied classification as a resident for tuition purposes based solely upon the immigration status of the parent, in accordance with section 1009.21(2)(d), F.S.; and to revise the rule as necessary to align with section 1009.21, F.S.

SUMMARY: This amendment rule adds the requirement that each student submit a Florida Residency Declaration, Form FRD-1, in addition to the documentation required by the institution to determine residency. Verification of whether a student is a dependent child as defined by section 1009.21(1)(a), F.S., will be satisfied when a parent declares on the Florida Residency Declaration that the student is eligible to be claimed as a dependent by the parent under the federal income tax code. The federal immigration statuses that qualify a non-United States Citizen to establish residency for tuition purposes are specified. The proposed rule clarifies the reclassification of residency status and classification as a resident for tuition purposes, in accordance with section 1009.21(2)(d), F.S.

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 are expected to have no economic impact. The residency declaration replaces the residency affidavit in use prior to the incorporation of this form, and there is no cost associated with submitting the form. The immigration statuses eligible to establish residency in the U.S. are established as a matter of federal law. No other revision to the rule has an associated cost.

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: October 28, 2015, 9:00 a.m.

PLACE: Technical Education Center Osceola, 501 Simpson Road, Kissimmee, FL 34744

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christopher Mullin, Executive Vice Chancellor, Florida College System, Florida Department of Education, 325 West Gaines Street, Tallahassee, FL 32399, [e-mail], [phone]

 

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) For Initial Determination of Residency: Each student shall submit Form FRD-1, Florida Residency Declaration for Tuition Purposes (http://www.flrules.org/Gateway/reference/asp?No=Ref________) to the institution making a residency determination for tuition purposes, electronically or in any other format required or authorized by the institution, and the documentation required by the institution to establish Florida residency for tuition purposes. Verification of whether the student is a dependent child as defined in Section 1009.21(1)(a), F.S., shall be satisfied if the parent declares on the Florida Residency Declaration that the student is eligible to be claimed as a dependent by the parent under the federal income tax code. Form FRD-1 is incorporated by reference and made a part of this rule to become effective December 2015. A copy of Form FRD-1 may be obtained by contacting the Division of Florida Colleges, 325 West Gaines Street, Tallahassee, Florida 32399.

(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 State of Florida High School Diploma as authorized under Rules 6A-6.0201, F.A.C. Florida GED within the last twelve (12) months may use their high school transcript or the official transcript for the State of Florida High School Diploma 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., F.S., must be presented evidencing parental legal residence.

(b) No change.

(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., F.S., 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 immediately prior to the first day of classes for the term for which residency reclassification is sought, except as otherwise provided in Section 1009.21, F.S. his or her request for reclassification.

(3) No change.

(4) A non-United States citizen may be eligible to establish residency for tuition purposes if evidence is presented verifying that he or she has legal status in the United States, has met the residency requirements of Section 1009.21, F.S., and the person is one of the following A student may be eligible to establish residency for tuition purposes if the student is one of the following:

(a) A foreign national in a nonimmigrant vVisa classification that grants the person the legal ability to establish and maintain a bona fide domicile in the United States eligible for study and with a date of departure that is not during the term the student will be enrolled. The student 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.

1. The following visa categories grant the person the legal ability to establish and maintain a bona fide domicile in the United States: A, E, G, H-1B, H-1C, I, K, L, N, NATO 1-7, O-1, R, S, T, U, and V.

2. The following visa categories do not grant the person the legal ability to establish and maintain a bona fide domicile in the United States: B, C, D, F, H2, H3, M, P, Q, and TN. J visa holders are not eligible to establish residency for tuition purposes except as provided in Section 1009.21(10), F.S.

(b) A permanent resident alien, parolee, asylee, Cuban-Haitian entrant, or other qualified alien 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) Pursuant to section 1009.21(2)(d), F.S., a dependent student who is a U.S citizen may not be denied classification as a resident for tuition purposes based solely upon the immigration status of the parent A U.S. citizen.

(5) Each institution’s official residency appeal process established pursuant to Section 1009.21(12), F.S., shall be in writing and prominently displayed on the institution’s web site.

Rulemaking Authority 1009.21(13) FS. Law Implemented 1009.21 FS. History–New 10-6-92, Amended 10-17-00, 3-22-05, 6-22-10, 10-22-13,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Madeline Pumariega, Chancellor, Florida College System

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 26, 2014