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
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);
- 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.
Rules For Determining Residence: (EC §68060 - 68062)
- There can only be one residence (an established primary and permanent home).
- A residence is the place where 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.
- A residence cannot be lost until another is gained.
- The residence can be changed only by the union of act and intent.
- A person's residence shall not be derived from that of his or her spouse.
- The residence of the parent with whom an unmarried minor child resides with 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.
- Each student must be classified as a resident or nonresident, even when enrolling only in noncredit courses.
- 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.
- Moving to California primarily to attend school does not constitute establishing California residence, regardless of the length of that presence.
- 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.
- 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.
- EC § 68044 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).
- 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 weigh more heavily against finding California residence.
- Financial dependence in the current or preceding calendar year shall be overcome only if:
(1) the parent on whom the student is dependent is a California resident, or
(2) there is no evidence of the student's continuing residence in another state.
- 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.
Contact: Debbie York (209) 588-5231 - firstname.lastname@example.org