When students apply to any community college in California, Education Code Section 68040 and 68101 and Title 5 Section 54010 require a residency determination be made at the time of application for admission.
Once accepted for when a student has not been in attendance for more than one semester or quarter, their application is subject to residency determination.
Residency determinations are based on the student's answers to application questions and determine the tuition rate for their classes.
Guidelines for determining California residency for tuition purposes are set forth by California Education Code, Title 5, and the California Community College Chancellor's Office in the Student Attendance Accounting Manual.
A resident for tuition purposes is a student who:
Guidelines for determining California residency for tuition purposes are set forth by California Education Code, Title 5, and the California Community College Chancellor's Office in the Student Attendance Accounting Manual.
A nonresident for tuition purposes may include students who:
That 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.
Students may submit a Residency Reclassification Request if they meet the qualifications for California residency for tuition purposes and have supporting documentation to show their physical presence in the state and their intent to make California their home for at least a year and a day prior to the residence determination date for the term in which they are applying.
The burden of proof to clearly demonstrate both physical presence in California and intent to establish residence lies with the student. The student is required to present evidence in accordance with the California Education Code 68040. The documents presented must be valid, readable, and dated to show continuous physical presence in California for one year and one day prior to the residence determination date for which reclassification is requested.
If you are requesting Admissions & Records reevaluate your residency determination for tuition purposes, you will fill out the Residency Reclassification Request on the Forms page. On this form you indicate the type of request, Initial Residency Determination or Residency Reclassification Request.
The initial residency determination option is for students were not classified as a nonresident for tuition purposes in the preceding term. Students who applied to the college, were initially accepted as a nonresident for tuition purposes and have not yet taken any classes will use this option.
The residency reclassification request option is for students who initially applied to the college and were accepted as nonresidents for tuition purposes. Students who were not yet eligible to establish residency, took classes, and now believe they have met the residency eligibility requirements will select this option.
Assembly Bill 540 is an exemption from the payment of nonresident tuition for certain students who have attended high school in California and received a high school diploma.
In accordance with Education Code Sections 68074, 68075, 68075.1; and Title 5 Sections 54041 and 54042 active members of the military who are present in California under military orders except those assigned to California for educational purposes, are exempt from nonresident tuition for the duration of their enrollment at a community college provided they meet the criteria outlined in the California Community College Chancellor's Office Student Attendance Accounting Manual.
In accordance with Education Code Sections 68040 and 68101 and Title 5 Section 54010 a residency determination must be made at the time of application for admission. Dual enrollment students who are accepted as a California resident for tuition purposes are exempt from paying the enrollment fees for classes (all other fees apply). However, dual enrollment students who are accepted as a California nonresident for tuition purposes will be assessed enrollment fees. In accordance with Education Code Sections 760004 and 76140 and Assembly Bill 2364, enrollment fees will be waived for nonresident dual enrollment students not on an nonimmigrant visa, provided the student in enrolled at a California primary or secondary school and enrolled as a dual enrollment student at Ventura College.
In accordance with Education Code Sections 76140.5 and Government Code Section 811.2 students hired as peace officers by the state or any city, county, district, or other local authority or public body of or within the state of California may be classified as a resident for enrollment in and completion of police academy training courses at a college or academy.
Students must meet the criteria outlined in the California Community College Chancellor's Office Student Attendance Accounting Manual.
In 2017, the California Legislature also enacted Assembly Bill 343, which establishes a new exemption from nonresident tuition for refugees with special immigrant visas (SIVs) who have fled Afghanistan, Iraq, Syria or other countries.
Effective January 1, 2018, Education Code section 68075.6 grants an exemption to nonresident tuition for: (1) Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq, and who meet certain criteria (Ed. Code, § 68075.6, subd. (b)(1); Public Law 110-181, § 1244); (2) translators (and their spouses and children) who worked directly with the United States Armed Forces, and who meet certain criteria (Ed. Code, § 68075.6; Public Law 109-163, § 1059); and (3) refugees (Ed. Code, § 68075.6, subd. (b)(1), 8 U.S.C. § 1157). These exemptions only apply to those who settled in California upon entering the United States. (Ed. Code, § 68075.6, subd. (b)(1).) Students who settled elsewhere in the United States, and then moved to California would not be eligible for this exemption and would be required to either establish residency or pay nonresident tuition. Under Education Code section 68122, T and U visa holders are also exempt from nonresident tuition by extension of Assembly Bill 343.
Assembly Bill 343 also states that the exemption for a student is only available for the maximum time it would take for the student to establish residency. (Ed. Code, § 68075.6, subd. (b)(1).) That time, and therefore any nonresident tuition exemption, will expire one year from the date the student settled in California upon entering the United States. (Ed. Code, § 68017.) Upon expiration of the nonresident tuition exemption, the student will either have established residency in California, or will have an intention to reside elsewhere, and be subject to nonresident tuition.
In accordance with Education Code 68075.5 and Title Five Section 54041 a student who was a member of the armed forces of the United States stationed in California on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for up to one year if they reside in the state, intend to establish residency in California, and apply for the exemption within two years of being discharged, provided the meet all the criteria outlined in Assembly Bill 2478.
In accordance with the VACA Act, Education Code Section 68075.7, Senate Bill 81 (2015), and Senate Bill 85 (2017), and Assembly Bill 13 (Conway, 2014) a student who is a verified covered individual per the criteria in the CCCCO Update to Federal Dept. of Veterans Affairs Approval of GI Bill and Post 9/11 Educational Assistance Conditional on In-State Tuition Rate for Qualifying Veterans and other Qualifying Individuals (VACA H.R. 3230), was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged is exempt from paying nonresident tuition for the length of time he or she lives in the state after being discharged up to the minimum time necessary to become a resident, provided they meet all the criteria outlined in the Assembly Bill.