SECTIONS 68070-68085 - California Statutes

EDUCATION CODE

SECTION 68070-68085

68070. A student who remains in this state after his or her parent,
who was theretofore domiciled in California for at least one year
immediately prior to leaving and has, during the student's minority
and within one year immediately prior to the residency determination
date, established residence elsewhere, shall be entitled to resident
classification until he or she has attained the age of majority and
has resided in the state the minimum time necessary to become a
resident, so long as, once enrolled, he or she maintains continuous
attendance at an institution.

68071. A 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
he or she has resided in the state the minimum time necessary to
become a resident.

68072. A student who has not been an adult for more than one year
immediately preceding the residence determination date for the
semester, quarter, or term for which he or she proposes to attend an
institution shall have his or her immediate premajority derived
California residence, if any, added to his or her postmajority
residence to obtain the one year of California residence required by
Section 68017.

68073. A student shall be entitled to resident classification if,
immediately prior to enrolling at an institution, he or she has lived
with 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 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.

68074. (a) (1) An undergraduate student 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 this state on active
duty shall be entitled to resident classification only for the
purpose of determining the amount of tuition and fees.
(2) A student seeking a graduate degree 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 this state on
active duty shall be entitled to resident classification only for the
purpose of determining the amount of tuition and fees for no more
than one academic year, and shall thereafter be subject to Article 5
(commencing with Section 68060).
(b) If that member of the armed forces of the United States, whose
dependent natural or adopted child, stepchild, or spouse is in
attendance at an institution, (1) is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the armed forces of the United States, or (2)
is thereafter retired as an active member of the armed forces of the
United States, the student dependent shall not lose his or her
resident classification until he or she has resided in the state the
minimum time necessary to become a resident.

68075. (a) An undergraduate student who is a member of the Armed
Forces of the United States stationed in this state on active duty,
except a member of the Armed Forces assigned for educational purposes
to a state-supported institution of higher education, is entitled to
resident classification only for the purpose of determining the
amount of tuition and fees.
(b) A student seeking a graduate degree who is a member of the
Armed Forces of the United States stationed in this state on active
duty, except a member of the Armed Forces assigned for educational
purposes to a state-supported institution of higher education, shall
be entitled to resident classification only for the purpose of
determining the amount of tuition and fees for no more than two
academic years, and shall thereafter be subject to Article 5
(commencing with Section 68060).

68075.5. A student who 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 from the armed forces
is entitled to resident classification for the length of time he or
she lives in this state after being discharged up to the minimum time
necessary to become a resident.

68076. Notwithstanding Section 68062, a student who (a) has not
been an adult resident of California for more than one year and (b)
is either the dependent child of a California resident who has had
residence in California for more than one year prior to the residence
determination date, or has a parent who has both contributed
court-ordered support for the student on a continuous basis and has
been a California resident for a minimum of one year, shall be
entitled to resident classification. This exception shall continue
until the student has resided in the state the minimum time necessary
to become a resident, so long as continuous attendance is maintained
at an institution.

68077. Notwithstanding Section 68062, a student who is a graduate
of any school located in California that is operated by the United
States Bureau of Indian Affairs, including, but not limited to, the
Sherman Indian High School, shall be entitled to resident
classification. This exception shall continue so long as continuous
attendance is maintained by the student at an institution.

68078. (a) A student holding a valid credential authorizing service
in the public schools of this state who is employed by a school
district in a full-time position requiring certification
qualifications for the college year in which the student enrolls in
an institution is entitled to resident classification if that student
meets any of the following requirements:
(1) He or she holds a provisional credential and is enrolled at an
institution in courses necessary to obtain another type of
credential authorizing service in the public schools.
(2) He or she holds a credential issued pursuant to Section 44250
and is enrolled at an institution in courses necessary to fulfill
credential requirements.
(3) He or she is enrolled at an institution in courses necessary
to fulfill the requirements for a fifth year of education prescribed
by subdivision (b) of Section 44259.
(b) Notwithstanding any other provision of law, a student holding
a valid emergency permit authorizing service in the public schools of
this state, who is employed by a school district in a full-time
position requiring certification qualifications for the academic year
in which the student enrolls at an institution in courses necessary
to fulfill teacher credential requirements, is entitled to resident
classification only for the purpose of determining the amount of
tuition and fees for no more than one year. Thereafter, the student
shall be subject to Article 5 (commencing with Section 68060).
(c) This section shall not be construed to affect the admissions
policies of any teacher preparation program.

68079. 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.
For 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.

68080. A student who is a minor and resides with either his father
or mother in a district or territory not in a district shall be
entitled to resident classification, provided that the father or
mother has been domiciled in California for more than one year prior
to the residence determination date for the semester, quarter or term
for which he proposes to attend a community college and provided
that he meets the other requirements of this part.

68081. A student who is enrolled in a state government legislative,
executive, or judicial fellowship program administered by the state
or the California State University is entitled to resident
classification at the California State University during the period
of the fellowship.

68082. A student who is a native American is entitled to resident
classification for attendance at a community college if the student
is also attending a school administered by the Bureau of Indian
Affairs located within the community college district.
As used in this section, "native American" means an American
Indian.

68083. (a) Any amateur student athlete in training at the United
States Olympic Training Center in Chula Vista is entitled to resident
classification for tuition purposes until he or she has resided in
the state the minimum time necessary to become a resident.
(b) "Amateur student athlete," for purposes of this section, means
any student athlete who meets the eligibility standards established
by the national governing body for the sport in which the athlete
competes.

68084. (a) A parent who is a federal civil service employee and his
or her natural or adopted dependent children are entitled to
resident classification at the California State University, the
University of California, or a California community college if the
parent has moved to this state as a result of a military mission
realignment action that involves the relocation of at least 100
employees. This classification shall continue until the student is
entitled to be classified as a resident pursuant to Section 68017, so
long as the student continuously attends an institution of public
higher education.
(b) It shall be the responsibility of the California Community
Colleges, the California State University, and the University of
California to certify qualifying military mission realignment actions
under this section.

68085. A student who currently resides in California and is 19
years of age or under at the time of enrollment, who is currently a
dependent or ward of the state through California's child welfare
system, or was served by California's child welfare system and is no
longer being served either due to emancipation or aging out of the
system, may be entitled to resident classification until he or she
has resided in the state the minimum time necessary to become a
resident.