RESIDENCY DETERMINATION



RESIDENCY DETERMINATION BP 6000

The College Registrar is charged with the evaluation of information presented by an applicant or student to make determination of residency in accordance with Board Policy 6030 for the purpose of charging the nonresident student tuition fee.

A California resident for community college registration is a student who has had legal residence in California for more than one (1) year immediately preceding the residence determination date pursuant to the California Education Code and California Administrative Code, Title 5 Regulations.

A tuition fee shall be charged each student who has not established legal residence in California pursuant to legal requirements, subject to statutory exceptions.

Non-immigrant students attending under provision of a student visa are considered nonresident students and shall be charged the tuition fee.

Residency exemptions include the following:

1. A nonresident minor whose parents, previously domiciled in California for at least one year immediately prior to leaving and within one year immediately prior to the residency determination date, have established residence elsewhere, shall be classified a resident until he/she attains the age of majority and has resided in the state the minimum time necessary to become a resident so long as he/she maintains continuous attendance.

2. A student who is entirely self-supporting and has been actually present in California for more than one year immediately preceding the residence determination date with the intention of acquiring residence shall be classified resident until he/she has resided in the state the minimum time necessary to become a resident.

3. A student shall be classified a resident if immediately prior to enrollment he/she has lived with and been under continuous direct care and control of an adult other than the parent for a period of not less than two years, provided that such adults have legal residence in the State of California during the year immediately prior to residence determination date. This exception shall continue until the student has attained the age of majority and has resided in the state the minimum time necessary to become a resident so long as continuous attendance is maintained.

4. Nonresident military personnel and their dependents shall be classified residents when the military personnel are stationed in this state on active duty. Such classification shall continue until the military person has resided in the State the minimum time necessary to become a resident. If the military person is thereafter transferred on military orders outside the United States, the student dependent shall retain the resident classification until he/she resides in this state the minimum time necessary to become a resident.

5. A resident who is a full-time employee of a California community college or child or spouse of such employee shall be entitled to resident classification until he/she has resided in the state the minimum time necessary to become a resident.

6. A student who is a full-time employee of a California community college or spouse or child of such employee, shall be classified as a resident until he/she has resided in the state the minimum time to become a resident.

7. Nonresident alien adults or their minor dependents shall be entitled to resident classification if the adult or parent has been lawfully admitted for permanent residence into the United States provided that such residence in California has existed for more than one year after such admission for permanent residence and prior to the residence determination date.

8. A student holding a valid California credential and employed full-time in a California school district in a certificated position shall be entitled to resident classification.

9. Classification as a district resident shall be granted to a student or a dependent of a student who is engaged in agricultural labor under conditions specified in the California Education Code Section 68100, and the California Administrative Code, Title 5, Section 54084.

Exceptions specified previously which are limited to the minimum time necessary to become a resident shall terminate after the student has been in California for one year. After that date, should the student not have established California residence under other provisions of law, the residence classification shall terminate.

Legal Reference: Education Code Sections 68060 through 68082; and Ca. Adm. Code, Title 5, Sections 54000 through 54150.

Adopted: June 6, 1988

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