Exceptions to Residence Determination

A. A student who is a member of the Armed Forces on active duty in this state shall be entitled to residency status.

B. A student who is a natural or adopted child, stepchild or spouse and who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident status until the student has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. Should the member of the armed forces of the United States be there-after transferred on military orders directly to a place outside this State, where the member continues to serve in the armed forces of the United States, the student shall not lose the resident status until he/she has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. (Education Code, 68074((a)(1)(2)(b))

C. A student who is an adult alien will be entitled to resident status if lawfully admitted to the United States for permanent residence in accordance with all applicable laws of the United States, provided that he/she has had residence in the state for more than one year after such admission, prior to the residence determination date for the term for which he/she proposed to attend an institution.

D. A student who is a minor alien will be entitled to resident status if both he/she and his/her parents have been lawfully admitted to the United States for permanent residence in accordance with all applicable laws of the United States, provided the parent has had residence in the state for more than one year after such admission, prior to the residence determination date for the term for which he/she proposes to attend an institution.

E.  A student who is an apprentice, (as defined in Section 3077 of the Labor Code), will be entitled to resident status for school attendance.

F. A student holding a valid credential authorizing service in a public school and employed in a certificated full-time position by a community college district will be given resident status. (Education Code, 68078)

G. A student who is a full-time employee of an institution or of any state agency, or a student who is a child or spouse of a full-time employee of an institution or of any state agency, may be entitled to resident classification, as determined by the governing boards, until he or she has resided in the state the minimum time necessary to become a resident. (Education Code, 68079) For the purposes of this section, “employee of any state agency” means a person employed by the state on or after the effective date of this section, who is assigned to work outside of the state. For the purposes of this section, “institution” means any university or college of the California State University and Colleges, the University of California, or any California Community College. (Education Code, 68011)

H. A student who (1) has not been an adult resident of California for more than one year and (2) is the dependent child of a California resident who has had residence in California for more than one year prior to the residence determination date shall be entitled to resident status. This exception shall continue until the student has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. (Education Code, 68076)

I.  “Covered individuals” who meet the eligibility criteria as defined in VACA are exempt from nonresident tuition.

Veterans Access, Choice, and Accountability Act (VACA H.R. 3230)

In August 2014, President Obama signed the Veterans Access, Choice, and Accountability Act of 2014 (“VACA Act”), into law (Public Law No.: 113-146). Section 702 of the VACA Act (38 U.S.C. 3679(c)) requires the U.S. Department of Veterans Affairs (VA) to disapprove programs of education under the Montgomery GI Bill-Active Duty (MGIB-AD) and Post-9/11 GI Bill education benefit programs (Chapters 30 or 33, respectively, of Title 38, U.S. Code) at institutions of higher learning if the school charges qualifying veterans and dependents (“covered individuals”) tuition and fees in excess of the in-state rate for resident students for terms beginning after July 1, 2015. A “covered individual” is defined in the VACA Act as:

1. A Veteran who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more.
2. A spouse or child entitled to transferred education benefits who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within 3 years of the transferor’s discharge from a period of active duty service of 90 days or more.
3. A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship (provides Post-9/11 GI Bill benefits to the children and surviving spouses of service members who died in the line of duty while on active duty) who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within three years of the Service member’s death in the line of duty following a period of active duty service of 90 days or more.
4. After expiration of the three year period following discharge or death as described in 38 U.S.C. 3679(c), a student who initially qualifies under the applicable requirements above will maintain “covered individual” status as long as he or she remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at the institution, even if they enroll in multiple programs and shall continue to be exempt from paying nonresident tuition and other fees as described in the updated fee policy described below.