SECTIONS 68040-68044 - California Statutes

EDUCATION CODE

SECTION 68040-68044

68040. Each student shall be classified as a resident or
nonresident at the University of California, the California State
University, or the California Maritime Academy or at a California
community college.

68041. Each student enrolled or applying for admission to an
institution shall provide the information and evidence of residence
as deemed necessary by the governing board or district governing
board, as appropriate, to determine his or her classification. An
oath or affirmation may be required in connection with taking
testimony necessary to ascertain a student's classification. The
determination of a student's classification shall be made in
accordance with this part and the residence determination date for
the semester, quarter, or term for which the student proposes to
attend an institution.

68042. The governing board or district governing board may appoint
persons to administer oaths or affirmations in connection with taking
testimony necessary to ascertain a student's classification.

68043. A student classified as a nonresident shall not obtain
resident classification as a result of maintaining continuous
attendance at an institution without meeting the other requirements
of this part for obtaining such classification.

68044. The governing boards shall adopt rules and regulations for
determining a student's classification and for establishing
procedures for review and appeal of that classification. The adopted
rules and regulations shall include provisions requiring that the
financial independence of a student classified as a nonresident
seeking reclassification as a resident shall be included among the
factors to be considered in the determination of residency.
The adopted rules and regulations shall, beginning the 1983-84
school year, exempt nonresident students who have been appointed to
serve as graduate student teaching assistants, graduate student
research assistants, or graduate student teaching associates on any
campus of the University of California or the California State
University, and who have been employed on a 0.49 or more time basis,
from the requirement of demonstrating his or her financial
independence under this section for purposes of reclassification as a
resident.
A student shall be considered financially independent for purposes
of this section if the applicant meets all of the following
requirements: (a) has not and will not be claimed as an exemption for
state and federal tax purposes by his or her parent in the calendar
year the reclassification application is made and in any of the three
calendar years prior to the reclassification application, (b) has
not and will not receive more than seven hundred fifty dollars ($750)
per year in financial assistance from his or her parent in the
calendar year the reclassification application is made and in any of
the three calendar years prior to the reclassification application,
and (c) has not lived and will not live for more than six weeks in
the home of his or her parent during the calendar year the
reclassification application is made and in any of the three calendar
years prior to the reclassification application.
Other factors which may be considered in determining California
residency shall be defined by the governing boards. In addition, the
adopted rules and regulations shall include, but are not limited to,
the evidence necessary to determine residence, procedures for
obtaining residence information and procedures for administering
oaths in connection with taking of testimony relative to residence. A
district governing board may adopt rules and regulations which are
not inconsistent with those adopted by the Board of Governors of the
California Community Colleges.