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The law
governing residence for tuition purposes at the California
State University is California Education Code sections
68000-68090, 68120-68134, and 89705-89707.5, and California
Code of Regulations, Title 5, Subchapter 5, Article 4,
sections 41900-41916. This material can be viewed on the
Internet by accessing the California State University’s
website at
www.calstate.edu/GC/resources.shtml.
Each
campus’s Admissions Office is responsible for determining
the residence status of all new and returning students based
on the Application for Admission, Residency Questionnaire,
Reclassification Request Form, and, as necessary, other
evidence furnished by the student. A student who fails to
submit adequate information to establish eligibility for
resident classification will be classified as a nonresident.
Generally,
establishing California residence for tuition purposes
requires a combination of physical presence and intent to
remain indefinitely. An adult who, at least one full year
prior to the residence determination date for the term in
which enrollment is contemplated, can demonstrate both
physical presence in the state combined with evidence of
intent to remain in California indefinitely may establish
California residence for tuition purposes. A minor normally
derives residence from the parent(s) they reside with or
most recently resided with.
Evidence
demonstrating intent may vary from case to case but will
include, and is not limited to, the absence of residential
ties to any other state, California voter registration and
voting in California elections, maintaining California
vehicle registration and driver’s license, maintaining
active California bank accounts, filing California income
tax returns and listing a California address on federal tax
returns, owning residential property or occupying or renting
an apartment where permanent belongings are kept,
maintaining active memberships in California professional or
social organizations, and maintaining a permanent military
address and home of record in California.
Adult
noncitizens establish residence in the same manner as
citizens, unless precluded by the Immigration and
Nationality Act from establishing domicile in the United
States. Unmarried minor noncitizens derive their residence
in the same manner as unmarried minor citizens except that
both parent and minor must have an immigration status
consistent with establishing domicile in the United States.
Exceptions
to the general residence requirements are contained in
California Education Code sections 68070-68084 and
California Code of Regulations, Title 5, Subchapter 5,
Article 4, sections 41906-41906.5, and include, but are not
limited to, members of the military and their dependents,
certain credentialed employees of school districts and most
students who have attended three years of high school in
California and graduated or attained the equivalent. Whether
an exception applies to a particular student cannot be
determined before the submission of an application for
admission and, as necessary, additional supporting
documentation. Because neither campus nor Chancellor’s
Office staff may give advice on the application of these
laws, applicants are strongly urged to review the material
for themselves and consult with a legal advisor.
Nonresident
students seeking reclassification are required to complete a
supplemental questionnaire including questions concerning
their financial dependence, which will be considered along
with physical presence and intent in determining
reclassification.
Residence
determination dates are set each term. They are:
Quarter Term Campuses
Fall..................................................
September 20
Winter....................................................
January 5
Spring.........................................................
April 1
Summer.......................................................
July 1
Semester Term Campuses
Fall..................................................
September 20
Winter*...................................................
January 5
Spring...................................................
January 25
Summer......................................................
June 1
The residence determination dates for the four stages of
CalStateTEACH are as follows:
Stage 1............................................ September
20
Stage 2..................................................
January 5
Stage
3.......................................................
June 1
Stage 4............................................ September
20
* Applies only to winter term at California State University,
Stanislaus.
Students
classified as non-residents may appeal a final campus
decision within 120 days of notification by the campus. A
campus residence classification appeal must be in writing
and submitted to:
The California State University
Office of General Counsel
401 Golden Shore, 4th Floor
Long Beach,
CA 90802-4210
The Office
of General Counsel can either decide the appeal or send the
matter back to the campus for further review.
Students
incorrectly classified as residents or incorrectly granted
an exception from nonresident tuition are subject to
reclassification as nonresidents and payment of nonresident
tuition in arrears. If incorrect classification results from
false or concealed facts, the student is subject to
discipline pursuant to Section 41301 of Title 5 of the
California Code of Regulations.
Resident
students who become nonresidents or who no longer meet the
criteria for an exception must immediately notify the
Admissions Office.
Changes may
have been made in the rate of nonresident tuition and in the
statutes and regulations governing residence for tuition
purposes in California between the time this information is
published and the relevant residence determination date.
Students are urged to review the statutes and regulations
stated above.
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