1. California Community Colleges Chancellor’s Office
12/6/2018
California Community Colleges Chancellor’s Office
CACCRAO
Annual Conference 2018
Overview and Current Issues in Student Residency
Presented by
Natalie Wagner and Chay Yang
CCCCO
May 1, 2018

2. AGENDA Basic Residency Definitions
Primary Purposes for Residence Classification
General Rules and Guidelines
Recently Approved Legislation
Current Updates and Reminders
Questions/Comments

3. Basic Residency Definitions
Resident (for tuition purposes):
Unless precluded, a “resident” is a student who has been physically present in the state for more than one year immediately preceding the residence determination date (one year and one day), and has demonstrated an intent to make California a permanent home. EC § 68017
Nonresident
A “nonresident” is a student who does not have residence in the state for more than one year immediately preceding the residence determination date. EC § 68018

4. Basic Residency Definitions
Residence:
To establish or change a residence, a person capable of establishing residence must couple his or her physical presence with objective evidence that the physical presence is with intent to make California the home for other than a temporary purpose. EC §68062(d); Note: Physical presence alone is insufficient; intent alone is insufficient
Residence Determination Date:
Residence determination date is the day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college. Enrollments in late starting classes within a term are subject to this uniform residency determination date.

5. Basic Residency Definitions
Exceptions to Residence Determination:
Education Code prescribes several exceptions to residence determination—some are required (e.g. active military stationed in CA ECS 68075) and some are permitted (e.g. individuals hired as a peace officer by public agency ECS )
These apply where an individual that is NOT otherwise eligible to be classified as a Resident for tuition purposes, can nonetheless be classified as a Resident and claimed for apportionment purposes if applicable requirements are met
Exceptions to Payment of Nonresident Tuition:
Education Code also prescribes situations where the nonresident tuition is either required to be exempted (e.g., AB 540, AB 2364) or a district is given permission to exempt specified students (e.g., non resident students who take six or fewer units 76140(a)(1))
In some cases apportionment can be claimed for exempted student (e.g., AB 540, AB 2364) and in others apportionment is NOT claimable (e.g., non resident students who take six or fewer units 76140(a)(1) )

6. Primary Purposes for Residence Classification
Residence classification is necessary for
Proper charging of Nonresident Tuition (Note: Nonresident students must also be charged the basic enrollment fee)
Proper claiming of State general apportionment
Nonresident FTES is not included in state apportionment calculations (Note: certain nonresident students qualify to be reported as residents for apportionment purposes, such as AB 540 students or active military members stationed or domiciled in California)
Student Eligibility for certain programs (Example: CA Promise Grant, formerly known as the BOG fee waiver)

7. General Rules and Guidelines
Residence Classification:
Residency classification shall be made for each student, including noncredit-only or contract education enrollees, at the time applications for admission are accepted and whenever a student has not been in attendance for more than one semester or quarter (two, not one, semester or quarter of non-attendance). T5 § 54010(a)
Timely student notification of the classification (within 14 calendar days) T5 § 54060(a)
District must establish procedures for appeals of residency classification and refunds of nonresident tuition fees. T5 § 54060(b); 54070

8. General Rules and Guidelines
Rules For Determining Residence
There can only be one residence (an established primary and permanent home). EC § 68062(a)
A residence is the place when one remains when not called elsewhere for labor or other special or temporary purpose and to which he or she returns in seasons of repose. EC § 68062(b)
A residence cannot be lost until another is gained. EC § 68062(c)
The residence can be changed only by the union of act and intent. EC § 68062(d)

9. General Rules and Guidelines
Rules For Determining Residence (Cont.)
A person’s residence shall not be derived from that of his or her spouse. EC § 68062(e)
The residence of the parent with whom an unmarried minor child resides is the residence of the unmarried minor child. When the minor lives with neither parent, his or her residence is that of the parent with whom he or she last resided. EC § 68062(f)
Each student must be classified as a resident or nonresident, even when enrolling only in Noncredit courses. EC § 68040

10. General Rules and Guidelines
Rules For Determining Residence (Cont.)
The one-year residence period necessary to be classified as a resident does not begin until the student both is present and has manifested clear intent to become a California resident. EC § 68062(d); T5 § 54020
Moving to California primarily to attend school does not constitute establishing California residence, regardless of the length of that presence. T5 § 54022(c)

11. General Rules and Guidelines
Rules For Determining Residence (Cont.)
If a student or the parents of a minor relinquish California residence after moving from the state, one full year of physical presence coupled with intent is required to reestablish residence. T5 § 54030
Temporary absences will not result in a loss of California residence if, during the absence, the person always intended to return and did nothing inconsistent with that intent. T5 § 54022(b)

12. General Rules and Guidelines
Residency Reclassification and Financial Independence:
EC § 68044; T5 § requires that financial independence status be included as one of the factors in residency reclassifications
EC § focuses on parental support aspects, but also permits district governing boards to define other factors which may be considered in making residency reclassifications, such as support from family members other than the parent(s)

13. General Rules and Guidelines
Residency Reclassification and Financial Independence (cont.):
A student who has established financial independence may be reclassified as a resident, if the basic physical presence and intent requirements are also met
In determining intent, financial independence weighs in favor of California residence and financial dependence shall weigh against finding California residence
Financial dependence in the current or preceding calendar year shall be overcome only if
the parent on whom the student is dependent is a California resident, or
there is no evidence of the student’s continuing residence in another state

14. General Rules and Guidelines
Residency Reclassification and Financial Independence (cont.):
T5 § 54032(d) permits a district to disregard a finding of financial dependence where there is not intent to establish (or maintain) residence elsewhere.
The ultimate question is whether the student has demonstrated intent to become a California resident.
Since financial status is only one factor to be considered, districts may still wish to require some further affirmative showing of objective intent to become a California resident

15. Recently Approved Legislation and Current Updates
12/6/2018
Recently Approved Legislation and Current Updates

16. Recently Approved Legislation
12/6/2018
Recently Approved Legislation
Assembly Bill 172 (Chavez, 2017)
Education Code section states that dependents of military personnel stationed in California are entitled to residence classification for tuition purposes.
AB 172 (effective January 1, 2018) clarifies that this exemption applies to students in attendance and those who have been admitted to a public post secondary institution. 16

17. Recently Approved Legislation
12/6/2018
Recently Approved Legislation
Assembly Bill 21 (Kalra, 2017)
AB 21 (Effective January 1, 2018) requires postsecondary institutions to refrain from disclosing personal information concerning students, faculty, and staff to the fullest extent consistent with state and federal law.
Requires the college administration to assign staff who can serve as a point of contact for individuals who are subject to an immigration order.
Also requires the colleges to allow undocumented students who dropped out due to immigration enforcement issues to re-enroll, continue to receive financial aid, exemption from nonresident tuition fees, housing stipends or services, or other benefits if they are able to return to campus. 17

18. Recently Approved Legislation
12/6/2018
Recently Approved Legislation
Assembly Bill 637 (Medina, 2017)
AB 637 (effective January 1, 2018) establishes cross enrollment in online education among California Community Colleges, adding section 68101, and Chapter 9.7 commencing with section to the Education Code.
Authorizes a California Community College student who meets specified requirements to enroll in an online course provided by another CCC campus (referred to as a teaching college) through the OEI Consortium.
Requires the Chancellor's Office to establish an online methodology that allows a student to access the online cross-enrollment option and simultaneously enroll in courses at his or her home college and courses provided entirely online by another teaching college 18

19. Recently Approved Legislation
12/6/2018
Recently Approved Legislation
Assembly Bill 637 (Medina, 2017)
Allows a “teaching” college to accept the residency determination of the “home” college under certain conditions including:
The student is cross-enrolling in a course available through the online course exchange
The home college certifies the student’s residency classification made by the district
The student is enrolling in a course available at the teaching college through the online course exchange
The home college and the teaching college are both part of the Online Education Initiative Consortium 19

20. Recently Approved Legislation
12/6/2018
Recently Approved Legislation
Assembly Bill 343 (McCarty, 2017)
AB 343 (effective January 1, 2018) added section to the Education Code. This section grants an immediate Nonresident Tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students (important to note that eligible T and U Visa holders are also eligible for this immediate exemption based on the provisions of Education Code section 68122, which ties their exemption status to that of refugees).   20

21. Recently Approved Legislation
12/6/2018
Recently Approved Legislation
Assembly Bill 343 (McCarty, 2017)
Eligibility for this nonresident tuition fee exemption includes the requirement that  “upon entering the United States, [the Student] settled in California”.  
This exemption for is only available for the minimum time it would take for the student to establish residency (one year and one day). Therefore a student who arrives in California on January 1, 2017 and enrolls in the Fall term, should be granted resident classification under this exception
only until January 1, For minors, the exception is for one year from the date the student becomes 18 years of age (to age 19). 21

22. AB 540 Updates
AB 540 Nonresident Tuition Exemption (effective January 1, 2002)
Original Eligibility Criteria: Attended HS in California for three or more years AND graduated from a California HS (or attained the equivalent).
Effective January 1, 2013, AB 1899 (EC § 68122). expanded eligibility to include nonimmigrant alien students holding “T” or “U” Visas.
Effective January 1, 2015, AB 2000 (EC § ) expanded eligibility to include students who:
Demonstrate attainment of credits earned in California from a California HS equivalent to three or more years of full-time HS coursework AND a total of three or more years of attendance in California elementary/secondary schools or a combination of those schools AND graduated from a California HS (or attained the equivalent).

23. Recently Approved Legislation
12/6/2018
SB 68 (Lara, 2017)
SB 68, effective January 1, 2018, amended Education Code section and significantly expanded eligibility criteria for AB 540. Two main changes:
Attendance Requirement: SB 68 amended the attendance requirement to allow attendance (or credits earned) at: California High Schools, California Adult Schools, California Community Colleges (limit: 2 years in CCC credit courses), or a combination of these, to count toward the three year requirement.
Completion of a course of study: Under SB 68 a student may satisfy the completion requirement with graduation from a California high school or the equivalent, OR attainment of an AA degree from a CCC OR fulfilment of the minimum requirements to transfer to a UC or CSU.

24. Current AB 540 Exemption Eligibility Criteria
12/6/2018
Current AB 540 Exemption Eligibility Criteria
Requirement 1: Attendance at California schools
Two Paths:
Total attendance (or attainment of credits earned) in California equivalent to three or more years of full-time attendance at California high schools, California high schools established by the State Board of Education, California adult schools (established by a county office of education, a unified school district or high school district, or the Department of Corrections and Rehabilitation), campuses of the California Community Colleges, or a combination of these; or
Three or more years of full-time California high school coursework, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.

25. Current AB 540 Exemption Eligibility Criteria
12/6/2018
Current AB 540 Exemption Eligibility Criteria
Requirement 2: Completion of a course of study
This requirement may be met in any of the following ways:
Graduation from a California high school or equivalent.
Attainment of an associate degree from a California community college.
Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a California community college.
(Ed. Code, § , subd. (a)(2).)

26. Current AB 540 Exemption Eligibility Criteria
12/6/2018
Current AB 540 Exemption Eligibility Criteria
Requirement 3: Registration. Requires registration as an entering student at, or current enrollment at, an accredited institution of higher education in California. Requirement 4: Affidavit of student without lawful immigration status. Students without lawful immigration status must file an affidavit with their college or university stating that the student has either filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. (Note: All students seeking the AB 540 exemption must complete the affidavit.)

27. Available AB 540 Resources from the Chancellor’s Office
12/6/2018
Available AB 540 Resources from the Chancellor’s Office
Legal Advisory 18-02: Recent Additions to Nonresident Tuition Exemptions (Supersedes Legal Advisory 07-01)
AB 540 Flyer
Nonresident Tuition Exemption Request Form (AB 540 Affidavit)- Updated January 2018
AB 540 Q & A page on the Chancellor’s Office Website – We will continue to update this page as questions come in

28. Deferred Action for Childhood Arrivals (DACA) Program
12/6/2018
Deferred Action for Childhood Arrivals (DACA) Program
The DACA Program was established in June of 2012 through an Executive Order by the Obama Administration
Provided eligible undocumented youth who came to the United States as children (1) protection from deportation; and (2) a work permit 2
For residency determinations made for terms starting on or after June 5, 2014, DACA approved students who meet the requirements of California law related to physical presence and the intent to make California home for other than a temporary purpose, are eligible to establish residence for tuition purposes
See Residency Overview Q&A 6, 15, and 16

29. Deferred Action for Childhood Arrivals (DACA) Program
12/6/2018
Deferred Action for Childhood Arrivals (DACA) Program
On September 5, 2017, the Trump Administration announced the end of the DACA Program.
The DACA Program was set to expire if congress did not pass something by March 5, Right before it expired, the federal court intervened put a hold on the Trump administration cancelation.
Currently, due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.

30. Deferred Action for Childhood Arrivals (DACA) Program
12/6/2018
Deferred Action for Childhood Arrivals (DACA) Program
Reminders for Districts:
Residence Classification under DACA: The cancellation of DACA would not impact students that have already been granted residence status under DACA as long as they remain continuously enrolled. Students do not need to be reclassified unless they have not been in attendance for more than one semester or quarter.
AB 540 Eligibility: The cancellation of DACA would have no effect on students eligibility for AB 540 or the California Dream Act.

31. 12/6/2018
Questions

32. Contact Information
Natalie Wagner
(916)
Chay Yang
(916)
Chancellor’s Office
Here’s my contact information 32