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(a)
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(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:
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(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”;
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(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
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(C)
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(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.
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(ii) The student’s exemption shall not be expired, or shall have been renewed.
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(2) A student who satisfies one (1) of the requirements under subdivision (a)(1) of this section shall have:
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(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
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(B) Either:
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(i) Graduated from a public or private high school in this state; or
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(ii) Received a high school equivalency diploma in this state.
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(b)
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(1) The Division of Higher Education shall promulgate rules necessary to implement this section.
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(2)
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(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):
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(i) On or before January 1, 2020; or
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(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.
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(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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