16504858, 6A-10.044 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16504858

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

MISCELLANEOUS

Overview

RULE:

6A-10.044

Residency for Tuition Purposes

PURPOSE:

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.

RULEMAKING AUTHORITY:

1009.21, F.S.

LAW:

1009.21, F.S.

PRINT PUBLISH DATE:

9/21/2015 Vol. 41/183

COMMENTS:

From 9/21/2015 To 10/12/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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