This blog post was originally published on May 13, 2026. It was last updated as of the publication date above.
Overview
In 2014, Governor Rick Scott signed a bill into law that allows undocumented students who attended Florida high schools to receive in-state tuition, stating himself that "Students that grew up in our state are going to get the same in-state tuition as their peers, which is what's fair.” Known as the “tuition fairness” law, this law ensured undocumented students had access to K-20 education, as required by the state constitution at Article IX Section 1(a), which calls for the “education of all children residing within its borders” as well as the Florida Educational Equity statute, among others.
In 2025, the Legislature significantly hindered undocumented students from attending Florida’s public colleges, universities, and career centers by blocking their access to in-state tuition waivers, thus forcing them to pay costly out-of-state tuition and fees or otherwise simply not attend school. In the 2026 session, by contrast, language that would have limited the percentage of undocumented students attending Florida’s state universities in HB 1279 was stricken from the final bill in both the House and Senate. The governor has signed this indicating his intent as well.
Contrary to the provisions of the state constitution, legislative intent, and Florida statutes, the Florida Department of Education has proposed two rules that would prohibit undocumented students from attending Florida’s public colleges (Proposed Rule 6A-10.0240) and Adult General Education (Proposed Rule 6A-6.014).
The Role of Administrative Rules
When bills are passed, the legislation does not always include all of the details necessary to implement the new law. The Legislature may also direct executive agencies — in this case, the Florida Department of Education (FLDOE) — to adopt administrative rules which provide added detail, specificity, and guidance on how the law is to be implemented.
Proposed Rule (6A-10.0240), Minimum Standards for Out-of-state High School Equivalency Diplomas
One of the proposed rules (6A-10.0240) would prevent undocumented students from attending Florida’s public colleges.
Why This Matters
Proposed Administrative Rules Would Impact Students, Florida Colleges, and the State Economy
Rulemaking is to provide guidance on implementing statutes and is not intended to legislate.
The proposed rule goes above and beyond existing statutes, which is an excess of rulemaking authority. In addition, this rule would result in costs both to students, who would be prevented from attending Florida public colleges, and to colleges, which would have the administrative burden of creating systems and policies to implement the proposed rule as well as dealing with the impact of lost tuition and fees, which is estimated to be $15 million statewide. (See Table 1.)
Further, this proposed rule is superseded by the Family Education Rights and Privacy Act (FERPA), which protects students’ personal data and identity from being disclosed without their consent. Finally, Florida’s colleges enroll minor children, often in dual enrollment programs, and who may not have access to the documents that would prove their status.[1]
Proposed Rule (6A.6.014), General Requirements for Adult General Education Programs
Another rule that FLDOE has proposed (6A-6.014) would prevent undocumented students from attending Adult General Education Programs.
Why This Matters
A specific purpose of Adult General Education programs includes assisting students who are English language learners, enabling them to become proficient in English in order to obtain a high school equivalency diploma. Like the rule above for Florida colleges, this rule also exceeds rulemaking authority as it goes above and beyond existing statute by circumventing the legislative intent expressed in this session’s HB 1267. There is likewise an uncompensated administrative burden that would fall on these programs. FERPA laws that protect student privacy also apply to these students and programs. Minor children — who might have trouble providing documentation of their legal status — are also served in these programs, where eligibility starts at 16 years of age.
Methodology
FPI’s analysis was relegated to the 28 institutions in the Florida College System (FCS), as the proposed rule changes do not apply to the State University System (SUS). FPI did not estimate the fiscal impacts of proposed rule 6A-6.014 restricting adult general education program enrollment.
In its prior analysis of the 2025 repeal of Florida’s “tuition fairness” law, FPI assumed undocumented students would drop out entirely if they were no longer granted in-state tuition rates—therefore not paying any tuition to Florida colleges. Based on the “tuition fairness” statute, 1009.26(12), and conversations with FLDOE, FPI also assumed that most students who benefitted from this waiver were undocumented. Thus, students receiving “tuition fairness” waivers were used as a proxy for the number of undocumented students enrolled in Florida’s higher education institutions. However, the state does not track waiver use by immigration status, so a small number of these waivers may have gone to students with a documented status.
To determine the potential loss in FCS revenue for FY 2024-25, FPI employed the same methodology as its 2025 analysis with updated data. This data included each college’s reported costs of undergraduate, in-state tuition and unduplicated headcounts of students who received the “tuition fairness” waiver through summer 2025. Theestimates in Table 1 are a product of these two numbers.
For source data on in-state tuition rates, see tuition and fees for full-time undergraduates (i.e., 30 credit hours per academic year) from FLDOE’s 2025 Fact Book, “Lower-Level Resident Students (FB 7.8T).” For student counts, see F.S. 1009.26(12) waivers in FL DOE’s Finance Publications-Exemptions & Waivers Reports, "2024-2025 Exemptions and Waivers Systems Summary.”
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Notes
[1] Immigration status is protected under FERPA, which generally applies only to accepted or enrolled students, not applicants. However, at a workshop on April 21, 2026 regarding these proposed rule changes, the FLDOE was unable to confirm whether or not the changes would also apply to existing students (e.g., if a current student applies for a new program or the college otherwise re-certifies their enrollment eligibility).
