Nontraditional documented immigration status

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  1. (a)

    1. (1) A state-supported institution of higher education may classify a student as in-state, limited to the terms and purpose of tuition and fees applicable to all programs of study at the state-supported institution of higher education, if the student satisfies one (1) of the following requirements:

      1. (A) The student personally holds or is the child of a person who holds a federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit”;

      2. (B) The student has verified that he or she is a resident legally present in Arkansas and has immigrated from the Republic of the Marshall Islands; or

      3. (C)

        1. (i) The student's request for an exemption under Deferred Action for Childhood Arrivals has been approved by the United States Department of Homeland Security.

        2. (ii) The student's exemption shall not be expired, or shall have been renewed.

    2. (2) A student who satisfies one (1) of the requirements under subdivision (a)(1) of this section shall have:

      1. (A) Resided in this state for at least three (3) years at the time the student applies for admission to a state-supported institution of higher education; and

      2. (B) Either:

        1. (i) Graduated from a public or private high school in this state; or

        2. (ii) Received a high school equivalency diploma in this state.

  2. (b)

    1. (1) The Division of Higher Education shall promulgate rules necessary to implement this section.

    2. (2)

      1. (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):

        1. (i) On or before January 1, 2020; or

        2. (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.

      2. (B) The division shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.


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