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Guidelines on Residency

Each student enrolled or applying for admission to any California community college will provide such information and evidence of residence as deemed necessary by the district Governing Board to determine residence classification. Guidelines for determining residence are outlined in the California Administrative and Education Codes.

I. Resident Classification

  1. A "resident" is a student who has been both physically present, and has shown intent to make the State of California his/her residence for more than one year immediately preceding the residence determination date (Section 54020 of Title 5 of the California Administrative Code). At Grossmont College the "residence determination date" is the day immediately preceding the first day of instruction of the semester or term to which the student seeks admission.
     
  2. A "non-resident" is a student who has not been either physically present or shown intent to make the State of California his/her residence for more than one year immediately preceding the residence determination date. Students so classified, unless they qualify under one or more of the exceptions later enumerated, will be required to pay a tuition charge as established by the Grossmont-Cuyamaca Community College District Governing Board.

II. Determination of Residence

  1. Residence. The following rules are used to determine place of residence:
     
    1. Every person has, in law, a residence.
       
    2. Every person who is married or 18 years of age or older may establish a residence.
       
    3. There can be only one residence.
       
    4. Residence is the place where one remains when not called elsewhere for labor or other special or temporary purposes, and to which one returns in seasons of repose.
       
    5. A residence cannot be lost until another is gained.
       
    6. Residence can be changed only by the union of act and intent.
       
    7. A man or woman may establish his or her residence.
       
  2. Adults. Persons 18 years of age or older may establish residence in accordance with Section A and C (6).
     
  3. Minors. Persons under 18 years of age may establish residence in accordance with the following:
     
    1. A married minor may establish his/her own residence.
       
    2. If the parents are separated permanently, the residence of the minor is the residence of the parent with whom the minor lives.
       
    3. If both parents are deceased and there is no court-appointed guardian, the minor may establish his/her own residence.
       
    4. The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian or by relinquishment of a parent's right of control, unless the minor qualifies for the two-year care and control or the self-support exception.
       
    5. When applicable, a student who has not been an adult for a full year (those under 19 years of age) immediately preceding the “residence determination date” for the semester, or term, may combine time as a resident minor with time as a resident adult to establish the one year California "resident" requirement.
       
    6. A student who is a minor and resides with either the father or mother (or both) may be classified as a resident of California if the parent (or parents) with whom the minor lives has had a legal residence in California for more than one year prior to the “residence determination date.” This determination is made whether or not the minor has resided with the parent (or parents) for one day, one month or one year. The determining factor is whether the parent with whom the minor lives is a legal resident of California.
       
  4. Exceptions
    1. A student who is a minor and remains in California after “resident” parents establish residence elsewhere, may retain residency until the minor has attained majority or long enough to establish legal residence, so long as continuous attendance is maintained with at least 12 units at an institution. Nothing in this section will require attendance during summer intersession or any term beyond the normal academic year.
       
    2. The student classified as a “non-resident” shall not obtain “resident” classification as a result of maintaining continuous attendance at an institution without meeting the other requirements of obtaining such classification.
       
    3. A minor student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the “residence determination date,” with the intention of acquiring a residence therein, shall be entitled to “resident” classification until the student has resided in the state the minimum time necessary to become a resident.
       
    4. A person who is a natural or adopted child, stepchild or spouse, who is a dependent of a member of the armed forces of the United States stationed in California on active duty, shall be waived from paying nonresident tuition during the first year he/she resides in California or until he/she has resided in California the minimum time necessary to become a resident. This exception requires that the member of the armed forces be stationed within California, or has been transferred to a place outside the continental United States directly from a California duty assignment. After one year has elapsed, the student is subject to reclassification according to the policies stated in this section.
       
    5. A person who is a member of the armed forces of the United States stationed in California on active duty, except a member of the armed forces assigned for educational purposes to state-supported institutions of higher education, shall be waived from paying nonresident tuition for the entire period he/she is stationed on active duty in California.
       
    6. A person who was a member of the armed forces stationed in California on active duty for more than one year immediately prior to being discharged, shall be waived from paying nonresident tuition for up to one year for the time he/she lives in California after being discharged. This one year waiver after the discharge date allows the time necessary to establish residence. After one year has elapsed, the student is subject to reclassification according to the policies stated in this section.
       
    7. A student who is an adult alien will be entitled to “resident” classification if the student has been lawfully admitted to the United States for permanent residence, provided that the student has had residence in the State of California for more than one year after such admission prior to the “residence determination date” for the term for which the student proposed to attend the institution.
       
    8. A student who is a minor alien will be entitled to “resident” classification if both the student and the student's parents have been lawfully admitted to the United States for permanent residence, provided that the parents have had residence in the state for more than one year after such admission prior to the “residence determination date” for the term for which the student proposes to attend an institution.
       
    9. A student who is an apprentice, as defined in Section 3077 of the Labor Code, will be entitled to “resident” classification.
       
    10. A student who holds a valid credential authorizing service in the public schools of California and who is employed by a school district in a full-time position requiring certification qualifications for the college year in which the student enrolls will be entitled to “resident” classification if such a student meets any of the following requirements:
       
      1. Holds a provisional credential and enrolls in courses necessary to obtain another type of credential authorizing service in the public schools.
      2. Holds a credential issued pursuant to Section 44250 and enrolls in courses necessary to fulfill credential requirements.
      3. Enrolls in courses necessary to fulfill the requirements for a fifth year of education, prescribed by sub. (b) of Section 44259.
         
    11. A student who is a full-time employee of a California community college or a student who is the child or spouse of a full-time employee of a California community college may be entitled to “resident” classification until the student has resided in the State of California the minimum time necessary to become a resident.
       
    12. A minor student shall be entitled to “resident” classification if, immediately prior to enrolling at an institution, the student has lived and been under the continuous direct care and control of any adult or adults, other than a parent, for a period of not less than two years, provided that the adult or adults having such control have been domiciled in California during the year immediately prior to the “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 at an institution.
       
    13. For purposes of the non-resident tuition fee, a community college district shall disregard the time during which a student living in the district resided outside the state if:
       
      1. The change of residence to a place outside the state was due to a job transfer and was made at the request of the student's employer or, in the case of a student who resided with and was a dependent of the student's parents, the change of residence was made at the request of an employer of either of the student's parents.
      2. Such absence from the state was for a period of not more than four years.
      3. At the time of application for admission to a college maintained by the district, the student would qualify as a resident if the period of the student's absence from the state was disregarded.
         
        A non-resident tuition fee shall not be charged to a student who meets each of the conditions specified in subdivisions “a through c” inclusive.
         
    14. Under AB 540 legislation, students (regardless of citizen/immigrant status) enrolled or in the process of enrolling at a community college of California after January 1, 2002, who attended a high school in California for three or more years, and who graduated from a California high school (or attained the equivalent), may qualify for an exemption from the nonresident tuition.  More information and application

 

III. Factors to be Considered in Determining Residence

  1. Residence is established only by the union of both act and intent. The following factors may be used to demonstrate that intent. No one factor is decisive; however, the college may look for certain objective manifestations of subjective intent on the part of one asserting that residence status has been established, or has been maintained in spite of an absence from California.
     
    1. Registering to vote and voting in elections in California and not in any other state.
       
    2. Filing California personal income taxes as a resident of the state.
       
    3. Ownership of residential property or continuous occupancy.
       
    4. Licensing from the state for professional practice.
       
    5. Maintaining active resident memberships in California professional organizations.
       
    6. Maintain valid resident California vehicle license plates and/or operator's license.
       
    7. Maintaining active savings and checking accounts in California banks only.
       
    8. Engagement in litigation for which residence is required.
       
    9. Showing California as home address on federal income tax forms.
       
  2. Factors that negate intent will also be considered.
     
  3. The Grossmont College admissions/residency questionnaire shall contain a variety of questions directed at establishing the residency classification of a student.

IV. Review and Appeal of Classification

Any student, following a final decision on residence classification by the college, may make written appeal to the Chancellor of the district or designee within 30 calendar days of notification of the final decision by the campus regarding classification. The Chancellor, on the basis of the statement of Legal Residence, pertinent information contained in the Dean of Admissions and Records file, and information contained in the student's appeal, will make the determination and notify the student by United States mail, postage prepaid.

Section 68090 requires that “The Statute Law and the rules and regulations adopted by the Governing Board shall be made available to the students at each institution.” The following are on file in the library: 2003-2004 Grossmont College Catalog and California Education Code, commencing with Section 68000.

V. Reclassification and Financial Independence

Students must petition in person at the office of Admissions and Records for a change in classification from non-resident to resident status. Students should be prepared to provide appropriate written documentation.

Education Code Section 68044, as amended by Chapter 102 of the 1981 statutes, requires that the financial independence of a non-resident student seeking reclassification as a resident be included in the factors to be considered in the determination of residence.

VI. Non-Resident Tuition

A student classified as a “non-resident” will be required, except as otherwise provided in this Chapter, to pay, in addition to other fees required by the institution, non-resident tuition. Non-resident tuition must be paid at the time of registration.

VII. International Students

The procedures for paying tuition fees for a non-resident student who is a citizen and resident of a foreign country shall be the same as for non-resident students.

 

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