ORLANDO, Fla. -

The State Board of Education is considering whether to appeal a court decision that would let U.S.-born Florida residents who are children of illegal immigrants pay in-state tuition.

Discussion of the issue is on the board's agenda Tuesday in Orlando.

U.S. District Judge K. Michael Moore last month in Miami ruled that public colleges and universities cannot charge students higher out-of-state tuition simply because their parents are illegal immigrants.

The board, though, likely will not make a decision on an appeal until after Moore issues a final written order. He had not yet done so as of Monday.

The board oversees Florida's 28 state and community colleges. The ruling also affects the Board of Governors, which has similar authority over Florida's 12 public universities. That board has not acted.