text:
(a) The University of California may, and the California State University shall, submit to the Legislature on or before November 30 of each year a comprehensive five-year capital outlay plan that includes, but is not limited to, all of the following information:

(1) State and nonstate projects proposed for each campus in each year of the plan, including a discussion of the programmatic bases for each project.

(2) An explanation of how each project contributes to accommodating needs associated with current or projected enrollments of graduate and undergraduate students, and other needs, and the rough estimates of the costs of meeting those needs.

(3) The estimated costs of each project, showing the schedule for when these funds will be needed, including a schedule of annual funding needs beyond the five years for those projects for which completion exceeds the timeframe of the plan and the relative priority on a campus and statewide basis.

(4) An explanation of how the plan addresses the Legislature’s intent that the universities annually consider, as part of their annual capital outlay planning process, the inclusion of facilities that may be used by more than one segment of public higher education (intersegmental).

(5) Description and costs of activities that take place within the plan’s timeframe related to the planning or establishment of new campuses.

(b) The California Community Colleges Chancellor’s office shall prepare a five-year capital outlay plan identifying the statewide needs and priorities of the California Community Colleges. This plan shall be submitted to the Legislature on or before November 30 of each year. It is the intent of the Legislature not to consider any community college capital outlay project that is not included in the statewide five-year plan submitted to the Legislature. The five-year capital outlay plan shall include, but not be limited to, all of the following information:

(1) Enrollment projections for each community college district.

(2) Projects proposed for each campus in each year of the plan.

(3) The estimated costs of each project, showing the schedule for when these funds will be needed and the relative priority on a statewide basis.

(4) An explanation of the Chancellor’s office priorities and methodology for selecting projects for state capital outlay funding.

(5) An explanation of the Chancellor’s office methodology for calculating unmet capital outlay needs for the community college system.

(6) An explanation of how the plan addresses the Legislature’s intent that the community colleges annually consider, as part of their annual capital outlay planning process, the inclusion of facilities that may be used by more than one segment of public higher education (intersegmental).

(c) The plans for the University of California, the California State University, and the California Community Colleges shall be updated annually, taking into consideration evolving circumstances in the planning process of the institutions. The Legislature recognizes that the annual plan is a flexible, working document subject to the evolutionary change inherent in the planning process. The plan shall be designed to reflect project data changes on a year-to-year basis, and the inclusion of a project in the plan does not guarantee its viability. It is further the intent of the Legislature that the project planning guides or capital outlay budget change proposals submitted for each state-funded project proposed for inclusion in the first year of the plan specify both of the following:

(1) How each project meets needs for different types of space, including, but not limited to, classrooms, teaching laboratories, research laboratories, and faculty offices.

(2) The direct and indirect project costs associated with the different types of space.

history: (History: Added by Stats. 2009, Ch. 386, Sec. 10. (AB 1182) Effective January 1, 2010.)

title: 3. POSTSECONDARY EDUCATION


kind: section

code: EDC

text:
(a) On or before November 1 of each year, the Regents of the University of California are requested to provide to the Joint Legislative Budget Committee and the Department of Finance a summary of all instructional and research space in the university system. The summary shall consist of campus-by-campus data indicating existing space available to each department of instruction and research, including a seven-year projection of space needs for departments of instruction and research. The data shall include, but not be limited to, classrooms, upper and lower division class laboratories, teaching assistant offices, and faculty offices. The summary shall correlate assignable square foot capacities to full-time equivalent student enrollments and faculty positions for both existing space and projected space needs.

(b) On or before November 1 of each year, the California State University shall provide to the Joint Legislative Budget Committee and the Department of Finance a summary of all instructional and faculty office space in the university system. The summary shall consist of campus-by-campus data indicating existing instructional space available including a seven-year projection of space needs for instruction and faculty offices. The data shall include, but not be limited to, classrooms, upper and lower division class laboratories, teaching assistant offices, and faculty offices. The summary shall correlate assignable square foot capacities to full-time equivalent student enrollments and faculty positions for both existing space and projected space needs.

history: (History: Added by Stats. 2009, Ch. 386, Sec. 11. (AB 1182) Effective January 1, 2010.)

division: 5. GENERAL PROVISIONS

part: 40.5. CAPITAL OUTLAY REQUIREMENTS

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40.5. CAPITAL OUTLAY REQUIREMENTS


text:
(a) On or before November 1, 2010, and at least biennially thereafter, the University of California is requested to, and the California State University shall, report on the utilization of classrooms and teaching laboratories. The report shall include for each campus in their respective system the total number of rooms, number of stations, weekly student contact hours, and weekly station hours. The report shall also include the average weekly hours of station use and actual utilization as a percentage of the utilization standard.

(b) On or before November 1, 2010, and at least biennially thereafter, the Office of the Chancellor of the California Community Colleges shall report on the utilization of classrooms and teaching laboratories. The report shall include, for each college, the total number of rooms, number of stations, weekly student contact hours, average weekly student contact hours per station, and actual utilization as a percentage of the utilization standard.

history: (History: Added by Stats. 2009, Ch. 386, Sec. 12. (AB 1182) Effective January 1, 2010.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) (1) The Legislature finds and declares that based on academic goals and projected enrollment levels, each University of California campus and medical center periodically develops a Long Range Development Plan (LRDP) that guides its physical development, including land use designations, the location of buildings, and infrastructure systems, for an established time horizon.

(2) In order to ensure greater legislative oversight over the process used by the University of California to prepare and implement each plan, including the accompanying Environmental Impact Report (EIR), at the time draft LRDPs and draft LRDP EIRs are submitted for public review, the university is requested to provide the Legislature with summaries of the draft LRDPs and LRDP EIRs to the Joint Legislative Budget Committee. The summaries shall also be available on the university Internet Web site.

(b) (1) The Legislature further finds and declares that the expansion of campus enrollment and facilities may negatively affect the surrounding environment. Consistent with the requirements of the California Environmental Quality Act (CEQA), it is the intent of the Legislature that the University of California sufficiently mitigate significant off-campus impacts related to campus growth and development.

(2) On or before March 1 of each year from 2010 to 2012, inclusive, the University of California is requested to report for each campus on the status of implementation, including the implementation dates where applicable, of mitigation measures for significant off-campus impacts identified consistent with the requirements of CEQA, including those that require fair share payments to local agencies. The report shall identify the status of fair share mitigation agreements with and payments to local agencies for mitigation of off-campus impacts that are required in certified EIRs. The report should also list any monetary or equivalent in-kind payments to local agencies made by the campuses for the mitigation of off-campus impacts that do not involve fair share language in CEQA documents and that have been implemented under other arrangements. For those significant off-campus impacts that have been triggered but have not been sufficiently mitigated, the university shall report on the additional steps that are being taken to reach a resolution.

(c) (1) The Legislature finds and declares that each California State University campus periodically develops a physical master plan to guide the future development of their facilities, based on academic goals and projected student enrollment levels, for an established time horizon.

(2) In order to ensure greater legislative oversight over the process used by the California State University to prepare and implement each plan, including the accompanying Environmental Impact Report (EIR), at the time a draft physical master plan and the accompanying draft EIR are submitted for public review, the university shall provide summaries of these documents to the Joint Legislative Budget Committee. The summaries shall also be available on the university Internet Web site.

(d) (1) The Legislature further finds and declares that the expansion of campus enrollment and facilities may negatively affect the surrounding environment. In view of the case City of Marina v. the Board of Trustees of the California State University (2006) 639 Cal.4th 341, it is the intent of the Legislature that the California State University take steps to reach agreements with local public agencies regarding the mitigation of off-campus impacts related to campus growth and development.

(2) On or before March 1 of each year from 2010 to 2012, inclusive, the California State University shall report by campus on the status of any negotiations with local agencies for mitigation measures for significant off-campus impacts identified consistent with the requirements of CEQA, including implementation dates where applicable. For each impact, this report shall identify whether an agreement has been reached with local agencies. The report shall also list any monetary and nonmonetary in-kind payments made by the campus for the mitigation of off-campus impacts identified as unavoidable in the certified EIRs. For those impacts for which there is no agreement, the university shall explain what steps were taken and if any additional steps will be taken to reach an agreement.

history: (History: Added by Stats. 2009, Ch. 386, Sec. 13. (AB 1182) Effective January 1, 2010.)

title: 3. POSTSECONDARY EDUCATION


text: Nothing in the public policy of the State of California requires the establishment or the disestablishment of any United States Armed Forces training unit or class at any campus of a public postsecondary educational institution or the prohibition of employment recruitment by the United States Armed Forces at any campus of a public postsecondary educational institution.

history: (History: Added by Stats. 1995, Ch. 398, Sec. 1. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40.7. ARMED FORCES TRAINING AND RECRUITMENT


text: It is the intent of the Legislature that the public institutions of higher education shall apply uniform rules, as set forth in this chapter and not otherwise, in determining whether a student shall be classified as resident or a nonresident.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

chapter: 1. Student Residency Requirements

article: 1. General Provisions

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 1. General Provisions


text: “Institution” means the University of California, the California State University, or a college of the California Community Colleges.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 58. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 2. Definitions


text:
(a) “District” means a community college district maintaining one or more community colleges.

(b) “District governing board” means the governing board of a district maintaining one or more community colleges.

(c) “Governing board” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or the Board of Governors of the California Community Colleges.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 227.)

part: 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: “Parent” means the parent with whom the minor resides; or, if both parents are deceased, his or her legal guardian.

history: (History: Amended by Stats. 1977, Ch. 36.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: “Student” means a person enrolled in or applying for admission to an institution.

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: “Continuous attendance,” as it refers to attendance at an institution, means a student claiming continuous attendance who has been enrolled full time, as determined by the governing board or district governing board, as appropriate, for a normal academic year at the institution since the beginning of the period for which continuous attendance is claimed. Nothing in this section shall require a student to attend summer sessions or other terms beyond the normal academic year in order to render his or her attendance “continuous.”

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 229.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: A “resident” is a student who has residence, pursuant to Article 5 (commencing with Section 68060) of this chapter in the state for more than one year immediately preceding the residence determination date.

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: A “nonresident” is a student who does not have residence in the state for more than one year immediately preceding the residence determination date.

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: “Resident classification” means classification as a resident, pursuant to Section 68017, at the University of California, the California State University, the California Maritime Academy, or a California community college.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 233.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: “Residence determination date” is a date or day established by the governing boards or district governing boards, as appropriate, for each semester, quarter, or term to determine a student’s residence.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 234.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Definitions


text: 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.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 235.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Classification

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 3. Classification


text: 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.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 236.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Classification


text: 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.

title: 3. POSTSECONDARY EDUCATION

article: 3. Classification


text: 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.

title: 3. POSTSECONDARY EDUCATION

article: 3. Classification


text:
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.

history: (History: Amended by Stats. 1982, Ch. 1070, Sec. 1.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Classification


text: A student classified as a nonresident shall be required, except as otherwise provided in this part, to pay, in addition to other fees required by the institution, nonresident tuition.

title: 3. POSTSECONDARY EDUCATION

article: 4. Nonresident Tuition

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 4. Nonresident Tuition


text: Unless otherwise provided by law, the governing board or district governing board shall adopt rules and regulations relating to the method of calculation of the amount of nonresident tuition, the method of payment, and the method and amount of refund.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 238.)

title: 3. POSTSECONDARY EDUCATION

article: 4. Nonresident Tuition


text:
(a) It is the intent of the Legislature that California’s public institutions of higher education shall establish nonresident student tuition policies that are consistent with their resident student fee policies. Nonresident student tuition shall be determined by each of the public postsecondary segments through the adoption of a methodology that annually establishes the nonresident student tuition rate. It is further the intent of the Legislature that, while the public institutions are to be provided flexibility in establishing their nonresident tuition, under no circumstances shall the level of nonresident tuition plus required fees fall below the marginal cost of instruction for that segment.

(b) The following state policies regarding nonresident student tuition are hereby established:

(1) Unless otherwise prescribed by statute, an admission fee and rate of tuition fixed by each public postsecondary governing board shall be required of each nonresident student. Each public postsecondary education governing body shall develop its own methodology for establishing the nonresident tuition level and its annual adjustment level of nonresident student tuition, unless otherwise prescribed by statute.

(2) As California’s public postsecondary education segments annually adjust the level of nonresident tuition they charge out-of-state students, the nonresident tuition methodologies they develop and use should take into consideration, at minimum, the following two factors:

(A) For the University of California and the California State University, the total nonresident charges imposed by each of their public comparison institutions, as identified by the California Postsecondary Education Commission.

(B) The full average cost of instruction of their segment.

(3) It is the intent of the Legislature that under no circumstances shall an institution’s level of nonresident tuition plus required student fees fall below the marginal cost of instruction for that segment.

(4) The University of California, the California State University, the college named in Section 92200, and the California Maritime Academy should endeavor to ensure that increases in the level of nonresident tuition are gradual, moderate, and predictable by providing nonresident students with a minimum of a 10-month notice of tuition increases.

(c) No provision of this section shall be applicable to the California Community Colleges.

(d) In the event that state revenues and expenditures are substantially imbalanced due to factors unforeseen by the Governor and the Legislature, including, but not limited to, initiative measures, natural disasters, or sudden deviations from expected economic trends, the nonresident student tuition at the University of California, the California State University, the college named in Section 92200, and the California Maritime Academy, shall not be subject to this section.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 14. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

article: 4. Nonresident Tuition


text:
The University of California is requested to comply with both of the following:

(a) By July 1, 2018, the University of California, in collaboration with the Academic Senate of the University of California, is requested to ensure that implementation of any admissions policy it adopts regarding admission of nonresident undergraduate students shall include guidance that ensures that the academic qualifications for admitted nonresident undergraduate students generally exceeds, on average, the academic qualifications of resident undergraduate students admitted at each campus.

(b) The University of California is requested to report to the Legislature annually regarding implementation of this policy, including, but not limited to, the mean and median scores on academic indicators of admitted resident and nonresident undergraduate students at each campus.

history: (History: Added by Stats. 2017, Ch. 803, Sec. 1. (AB 1674) Effective January 1, 2018.)

title: 3. POSTSECONDARY EDUCATION

article: 4. Nonresident Tuition


text: Every person has, in law, a residence.

title: 3. POSTSECONDARY EDUCATION

article: 5. Determination of Student Residence

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 5. Determination of Student Residence


text: Every person who is married or 18 years of age, or older, and under no legal disability to do so, may establish residence.

title: 3. POSTSECONDARY EDUCATION

article: 5. Determination of Student Residence


text:
In determining the place of residence the following rules are to be observed:

(a) There can only be one residence.

(b) A residence is the place where a person remains when not called elsewhere for labor or other special or temporary purpose, and to which the person returns in seasons of repose.

(c) A residence cannot be lost until another is gained.

(d) The residence can be changed only by the union of act and intent.

(e) A man or woman may establish a residence. A woman’s residence shall not be derivative from that of the woman’s husband.

(f) The residence of the parent with whom an unmarried minor child maintains the child’s place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minor’s residence is that of the parent with whom the minor maintained the minor’s last place of abode, provided the minor may establish a residence when both parents are deceased and a legal guardian has not been appointed.

(g) The residence of an unmarried minor who has a parent living cannot be changed by the minor’s own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control.

(h) A person who is not a citizen or national of the United States, including one who is an unmarried minor, may establish a residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States.

(i) The residence of an unmarried minor who is not a citizen or national of the United States shall be derived from the minor’s parents pursuant to the provisions of subdivisions (f) and (g).

history: (History: Amended (as amended by Stats. 1983, Ch. 680, Sec. 1) by Stats. 2021, Ch. 296, Sec. 21. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2016, Ch. 69, only if it becomes operative on or before January 20, 2017.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Determination of Student Residence


text:
In determining the place of residence the following rules are to be observed:

(a) There can only be one residence.

(b) 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.

(c) A residence cannot be lost until another is gained.

(d) The residence can be changed only by the union of act and intent.

(e) A man or woman may establish his or her residence. A woman’s residence shall not be derivative from that of her husband.

(f) The residence of the parent with whom an unmarried minor child maintains his or her place of abode 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 maintained his or her last place of abode, provided the minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed.

(g) The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control.

(h) A foreign national, including an unmarried minor foreign national, may establish his or her residence, unless precluded by the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq.) from establishing domicile in the United States.

(i) The residence of an unmarried minor foreign national shall be derived from his or her parents pursuant to the provisions of subdivisions (f) and (g).

history: (History: Amended by Stats. 2016, Ch. 69, Sec. 7. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Determination of Student Residence


text: 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.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 238.2.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 6. Exceptions to Residence Determination


text: 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.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 238.4.)

title: 3. POSTSECONDARY EDUCATION

article: 6. Exceptions to Residence Determination


text: 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.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 238.6.)

title: 3. POSTSECONDARY EDUCATION


text: 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.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 238.8.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) A 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 is entitled to resident classification only for the purpose of determining the amount of tuition and fees.

(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, or has been admitted to, a public postsecondary 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 so long as he or she remains continuously enrolled at that institution.

history: (History: Amended by Stats. 2017, Ch. 165, Sec. 1. (AB 172) Effective January 1, 2018.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) For purposes of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, and the reserve components of each of those forces, the California National Guard, the California State Guard, and the California Naval Militia.

(b) A student who is a member of the Armed Forces of the United States stationed in this state is entitled to resident classification only for the purpose of determining the amount of tuition and fees.

(c) If that member of the Armed Forces of the United States who is in attendance at an institution 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, the member shall not lose the member’s resident classification so long as the member remains continuously enrolled at that institution.

history: (History: Amended by Stats. 2024, Ch. 440, Sec. 2. (AB 3290) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) Except as provided for in subdivisions (b), (c), and (d), a student of the California Community Colleges or the California State University 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 shall be exempt from paying nonresident tuition 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.

(b) (1) Except as provided for in subdivisions (c) and (d), a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, 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 shall be exempt from paying nonresident tuition for up to one year if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible.

(2) The one-year exemption provided in paragraph (1) shall be used by the student within two years of being discharged.

(c) Notwithstanding any other law, the California Community Colleges and the California State University shall, and the University of California is requested to, update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) and the requirements of this section.

(d) A former member of the Armed Forces of the United States who received a dishonorable or bad conduct discharge shall not be eligible for an exemption pursuant to this section.

history: (History: Amended by Stats. 2014, Ch. 639, Sec. 1. (AB 13) Effective September 27, 2014.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The Legislature finds and declares all of the following:

(1) The wars in Afghanistan, Iraq, Syria, and other countries have displaced many families, causing many of them to flee their homes in search of a better life. Between 2011 and March 2017, more than 36,000 refugees entered California, with nearly 8,000 of them entering in 2016.

(2) Under the National Defense Authorization Act for Fiscal Year 2006, certain Afghan and Iraqi nationals were provided special immigrant status in the United States. Through the end of 2015, more than 37,000 individuals were granted special immigrant visa (SIV) status under this program. Between 2011 and March 2017, 9,200 SIV holders resettled in California.

(3) Under the federal Afghan Allies Protection Act of 2009, certain Afghan nationals were provided special immigrant status in the United States.

(4) Many of these families have escaped war and persecution in order to improve the lives of their families, but encounter numerous barriers, such as the cost of higher education, when assimilating into the United States. Access to institutions of higher education will ensure that students from these families are able to pursue their educational goals and rebuild and improve their lives and the lives of their families.

(b) Notwithstanding any other law:

(1) A student of the California Community Colleges who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public Law 111-8, or is a refugee admitted to the United States under Section 1157 of Title 8 of the United States Code, and who, upon entering the United States, settled in California, shall be exempt from paying the nonresident tuition fee required by Section 76140 for the length of time he or she lives in this state up to the minimum time necessary to become a resident.

(2) A community college district may report a student, who is exempt from nonresident tuition pursuant to this section and who is enrolled as a student in that district, as a full-time equivalent student for apportionment purposes.

history: (History: Amended by Stats. 2018, Ch. 33, Sec. 10. (AB 1809) Effective June 27, 2018.)

title: 3. POSTSECONDARY EDUCATION


text:
Notwithstanding any other law:

(a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students:

(1) The student resides in California.

(2) The student meets the definition of “covered individual,” as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code.

(3) The student is eligible for education benefits under the federal Montgomery GI Bill–Active Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors’ and Dependents’ Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022.

(b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain “covered individual” status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, “continuously enrolled” means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system.

(c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes.

history: (History: Amended by Stats. 2022, Ch. 465, Sec. 3. (AB 2973) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text: Each community college shall post on its Internet Web site a notice that sets forth which persons are exempt from paying nonresident tuition pursuant to Section 68075.6.

history: (History: Added by Stats. 2018, Ch. 582, Sec. 1. (AB 2210) Effective January 1, 2019.)

title: 3. POSTSECONDARY EDUCATION


text: 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.

history: (History: Amended by Stats. 1993, Ch. 8, Sec. 15. Effective April 15, 1993.)

title: 3. POSTSECONDARY EDUCATION


text: 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.

history: (History: Amended by Stats. 1993, Ch. 8, Sec. 16. Effective April 15, 1993.)

title: 3. POSTSECONDARY EDUCATION


text:
(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.

history: (History: Amended by Stats. 2000, Ch. 949, Sec. 1. Effective September 30, 2000.)

title: 3. POSTSECONDARY EDUCATION


text:
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.

history: (History: Amended by Stats. 1984, Ch. 1172, Sec. 1.)

title: 3. POSTSECONDARY EDUCATION


text: 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.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION


text: 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.

history: (History: Amended by Stats. 2004, Ch. 896, Sec. 66. Effective September 29, 2004.)

title: 3. POSTSECONDARY EDUCATION


text:
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.

history: (History: Added by Stats. 1977, Ch. 36.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) Any Team USA student athlete who trains in the state in an elite level program approved by the United States Olympic and Paralympic Committee is entitled to resident classification for tuition and fee purposes until the athlete has resided in the state the minimum time necessary to become a resident.

(b) The student athlete shall certify their participation in an Olympic or Paralympic elite level training program through supporting documentation from the United States Olympic and Paralympic Committee verifying eligibility, and shall submit the supporting documentation to the campus they are attending at the California State University, University of California, or California Community Colleges.

(c) For purposes of this section, “Team USA student athlete” means any student athlete who meets the eligibility standards defined and approved by the United States Olympic and Paralympic Committee and by the national governing body for the sport in which the athlete competes.

(d) This section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.

history: (History: Amended by Stats. 2022, Ch. 972, Sec. 1. (AB 2747) Effective January 1, 2023. Inoperative July 1, 2032, by its own provisions. Repealed as of January 1, 2033, by its own provisions. See later operative version added by Sec. 2 of Stats. 2022, Ch. 972.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) Any amateur student athlete in training at the United States Olympic Training Center in the City of Chula Vista is entitled to resident classification for tuition purposes until the student athlete has resided in the state the minimum time necessary to become a resident.

(b) For purposes of this section, “amateur student athlete” means any student athlete who meets the eligibility standards established by the national governing body for the sport in which the athlete competes.

(c) This section shall become operative on July 1, 2032.

history: (History: Repealed (in Sec. 1) and added by Stats. 2022, Ch. 972, Sec. 2. (AB 2747) Effective January 1, 2023. Operative July 1, 2032, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION


text:
(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.

history: (History: Amended by Stats. 2004, Ch. 225, Sec. 6. Effective August 16, 2004.)

title: 3. POSTSECONDARY EDUCATION


text: 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.

history: (History: Added by Stats. 2009, Ch. 251, Sec. 1. (AB 669) Effective January 1, 2010.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) A student seeking to enroll exclusively in career development and college preparation courses, and other courses for which no credit is given, at a community college shall not be subject to the residency classification requirements of Article 3 (commencing with Section 68040).

(b) Nothing in subdivision (a) shall prohibit the Chancellor of the California Community Colleges from collecting residency data, for a student described in subdivision (a), that is voluntarily submitted by the student after he or she enrolls at a community college.

history: (History: Added by Stats. 2018, Ch. 553, Sec. 2. (AB 3101) Effective January 1, 2019.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) A district may classify a student as a district resident if he or she lives with a parent who earns a livelihood primarily by performing agricultural labor for hire in California and other states and the parent has performed this labor in this state for at least two months per year in each of the two preceding years, the parent lives within the district which maintains the community college attended by the student, and the parent claims the student as a dependent on his or her state or federal personal income tax returns if he or she has sufficient income to have a personal income tax liability.

(b) A district may also classify a student as a district resident if he or she earns a livelihood primarily by performing agricultural labor for hire in California and other states and he or she has performed this labor in this state for at least two months per year in each of the two preceding years.

(c) The Board of Governors of the California Community Colleges shall prescribe rules and regulations for the implementation of this section.

history: (History: Amended by Stats. 1990, Ch. 1372, Sec. 240.3.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Community College District Residence

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 8. Community College District Residence


text:
A community college district may accept the determination of another community college district as to a student’s residency classification pursuant to a process established by the office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied:

(a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40.

(b) The student is cross-enrolling in a course available through the online course exchange of the California Virtual Campus, as defined in Section 66770.

(c) The home college certifies the determination of the community college district as to the student’s residency classification.

(d) The student is enrolling in a course available at the teaching college through the online course exchange of the California Virtual Campus.

(e) The home college and the teaching college have both signed on to participate in the online course exchange of the California Virtual Campus.

history: (History: Amended by Stats. 2023, Ch. 188, Sec. 4. (SB 886) Effective January 1, 2024.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Community College District Residence


text:
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges from any surviving spouse or surviving child of a deceased person who met all of the following requirements:

(1) The deceased person was a resident of this state.

(2) The deceased person was employed by a public agency or was a contractor, or an employee of a contractor, performing services for a public agency, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state.

(3) The deceased person’s principal duties consisted of active law enforcement service or active fire suppression and prevention. This section does not apply to a person whose principal duties were clerical, even if the person was subject to occasional call or was occasionally called upon to perform duties within the scope of active law enforcement or active fire suppression and prevention.

(4) The deceased person was killed in the performance of active law enforcement or active fire suppression and prevention duties, died as a result of an accident or an injury caused by external violence or physical force incurred in the performance of the person’s active law enforcement or active fire suppression and prevention duties, or died as a result of an industrial injury or illness arising out of and in the course of active law enforcement or fire suppression and prevention duties.

(b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child of a contractor, or of an employee of a contractor, who performed services for a public agency shall, in addition to the requirements set forth in subdivision (a), meet both of the following requirements:

(1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a community college campus.

(2) Documentation that the student’s annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant B award, as set forth in Section 69432.7.

(c) As used in this section:

(1) “Contractor” or “employee of a contractor” does not include a security guard or security officer, as defined in Section 7582.1 of the Business and Professions Code.

(2) “Public agency” means the state or any city, county, city and county, district, or other local authority or public body of or within the state.

(3) “Spouse” has the same meaning as defined in Section 22171.

(4) “Surviving child” means either of the following:

(A) A surviving natural or adopted child of the deceased person.

(B) A surviving stepchild who meets both of the following requirements:

(i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death.

(ii) The stepchild was claimed on the tax form most recently filed by the deceased person before that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 15. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 10. Provisions Related to Particular Institutions


text:
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges, from any surviving spouse or surviving child of a deceased person who met all of the following requirements:

(1) The deceased person was a resident of this state.

(2) The deceased person was a licensed physician or a licensed nurse employed by or under contract with a health facility regulated and licensed by the State Department of Public Health to provide medical services or a first responder employed to provide emergency services as described in Section 8562 of the Government Code.

(3) The deceased person’s principal duties consisted of providing medical services or emergency services during the COVID-19 pandemic state of emergency.

(4) The deceased person died of COVID-19 during the COVID-19 pandemic state of emergency.

(b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child or spouse of a licensed physician, licensed nurse, or first responder, as defined in this section, in addition to the requirements set forth in subdivision (a), shall meet all of the following requirements:

(1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a campus of the California Community Colleges.

(2) Documentation that the student’s annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant A award, as set forth in Section 69432.7.

(3) The surviving child or spouse was a resident of California during the COVID-19 pandemic state of emergency.

(c) Any determination of eligibility shall be confirmed through documentation of a certified death certificate and documentation of the deceased’s employment during the COVID-19 pandemic state of emergency provided by the surviving child or spouse.

(d) A determination of residency shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition. Exemptions to residency determination shall apply to this section.

(e) As used in this section:

(1) “COVID-19 pandemic state of emergency” means the period of time from the first declaration of emergency on March 4, 2020, until the Governor lifts the state of emergency.

(2) “First responder” has the same definition as in Section 8562 of the Government Code.

(3) “Licensed nurse” means a holder of a nursing license for medical care authorized by the Board of Registered Nursing or by the Board of Vocational Nurses and Psychiatric Technicians of the State of California.

(4) “Licensed physician” means a holder of a physician’s and surgeon’s certificate who is engaged in the professional practice of providing medical care authorized by the Medical Board of California.

(5) “Surviving child” means either of the following:

(A) A surviving natural or adopted child of the deceased person.

(B) A surviving stepchild who meets both of the following requirements:

(i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death.

(ii) The stepchild was claimed on the tax form most recently filed by the deceased person prior to that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both.

(6) “Surviving spouse” has the same meaning as “spouse” in Section 22171.

(f) (1) A surviving spouse is entitled to the fee waiver authorized by this section until January 1, 2033.

(2) A surviving child is entitled to the fee waiver authorized by this section until that person attains 30 years of age.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 16. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

article: 10. Provisions Related to Particular Institutions


text: Any determination of eligibility pursuant to Section 68120 shall be consistent with any findings of the Workers’ Compensation Appeals Board, using the same procedures as in workers’ compensation hearings, as to whether the death of the person described under subdivision (a) of that section was industrial.

history: (History: Added by Stats. 2002, Ch. 450, Sec. 1. Effective January 1, 2003.)

title: 3. POSTSECONDARY EDUCATION


text:
The college named in Section 92200 and each campus of the California Community Colleges and the California State University that has an internet website shall, and each campus of the University of California that has an internet website shall, in the event that an appropriate resolution is enacted pursuant to Section 68134, provide an online posting or notice of systemwide fee or tuition waivers available to students pursuant to Section 68120, Section 68120.3, or both, as applicable. The online posting or notice shall be done in accordance with all of the following:

(a) It shall be accessible through a prominent direct link to an application for a waiver of the systemwide fee or tuition.

(b) The direct link shall appear on the primary internet web page of the financial aid section of the campus website.

(c) The direct link shall be accompanied by a description of the systemwide fee or tuition waiver to clearly indicate the type of student who would potentially be eligible to apply.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 17. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) Notwithstanding any other law, no mandatory systemwide fees or tuition of any kind shall be required or collected by the Regents of the University of California or the Trustees of the California State University, from a student who is in an undergraduate program and who is the surviving dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center in New York City, the Pentagon building in Washington, DC, or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if the student meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following apply:

(1) The surviving dependent was a resident of California on September 11, 2001.

(2) The individual killed in the attacks was a resident of California on September 11, 2001.

(b) (1) The California Victim Compensation Board shall identify all persons who are eligible for tuition and fee waivers pursuant to this section or subdivision (j) of Section 76300. That board shall notify these persons or, in the case of minors, the parents or guardians of these persons, of their eligibility for tuition and fee waivers under these provisions. This notification shall be in writing, and shall be received by all of the appropriate persons no later than July 1, 2003.

(2) The Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district in the state shall waive tuition and fees, as specified in this section and in subdivision (j) of Section 76300, for any person who can demonstrate eligibility. If requested by the California State University, the University of California, the college named in Section 92200, or a California Community College, the California Victim Compensation Board, on a case-by-case basis, shall confirm the eligibility of persons requesting the waiver of tuition and fees, as provided for in this section.

(c) A determination of whether a person is a resident of California on September 11, 2001, shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition.

(d) (1) “Dependent,” for purposes of this section, is a person who, because of their relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42).

(2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013.

(3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under this section until that person obtains the age of 30 years.

(4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 18. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) Notwithstanding any other law, students who are victims of trafficking, domestic violence, and other serious crimes who have been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), of Title 8 of the United States Code shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code.

(b) The University of California is requested to adopt policies that are consistent with this section.

history: (History: Added by Stats. 2012, Ch. 509, Sec. 1. (AB 1899) Effective January 1, 2013.)

title: 3. POSTSECONDARY EDUCATION


text: Notwithstanding any other provision of law, the Trustees of the California State University may enter into agreements with other universities or colleges located within the state whereby qualified students from campuses of the California State University may attend the other universities or colleges without payment of some or all fees or tuition, or both, charged by the other institutions, and students from the other institutions may attend campuses of the California State University without payment of some or all of the fees or tuition, or both, charged by the state university. During any year, however, the number of students attending campuses of the California State University from other universities or colleges, pursuant to the agreements entered in between the Trustees of the California State University and other universities and colleges, shall not exceed the number of students of the California State University attending the other institutions.

history: (History: Amended by Stats. 1983, Ch. 143, Sec. 69.)

title: 3. POSTSECONDARY EDUCATION


text: The trustees may enter into agreements with public colleges and universities in other states whereby qualified students from the California State University may attend the other college or university without payment of any tuition fee charged by that institution to persons who are nonresidents of the state in which it is situate, and students from that institution may attend the California State University without payment of the nonresident tuition established pursuant to Section 89705. No nonresident tuition shall be charged of students attending a campus of the California State University pursuant to an agreement entered into under this section. During any year, however, the number of students attending the California State University from a particular public college or university in another state, pursuant to the agreement, shall not exceed the number of the California State University students attending the institution under that agreement.

history: (History: Amended by Stats. 1983, Ch. 143, Sec. 70.)

title: 3. POSTSECONDARY EDUCATION


text: The governing boards and district governing boards may waive nonresident tuition in whole or in part pursuant to Sections 68123, 76140, 89705, and 89707.

history: (History: Amended by Stats. 1977, Ch. 242.)

title: 3. POSTSECONDARY EDUCATION

article: 11. Miscellaneous Provisions

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS > 1. Student Residency Requirements > 11. Miscellaneous Provisions


text:
Notwithstanding any other law:

(a) A student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:

(1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):

(A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:

(i) California high schools.

(ii) California high schools established by the State Board of Education.

(iii) California adult schools established by any of the following entities:

(I) A county office of education.

(II) A unified school district or high school district.

(III) The Department of Corrections and Rehabilitation.

(iv) Campuses of the California Community Colleges.

(v) A combination of those schools set forth in clauses (i) to (iv), inclusive.

(B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.

(C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757.

(ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.

(2) Satisfaction of any of the following:

(A) Graduation from a California high school or attainment of the equivalent thereof.

(B) Attainment of an associate degree from a campus of the California Community Colleges.

(C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.

(3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year.

(4) (A) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize the student’s immigration status, or will file an application as soon as the student is eligible to do so.

(B) (i) The California State University and California Community Colleges shall, and the University of California and independent institutions of higher education are requested to, accept an affidavit provided to the Student Aid Commission as part of the student’s financial aid application for purposes of meeting the requirement in subparagraph (A).

(ii) An institution that receives an affidavit from the Student Aid Commission pursuant to clause (i) shall share the affidavit with any departments within the institution that require such an affidavit to ensure that students are not required to submit multiple affidavits.

(iii) The institution of higher education shall not require a student to file a separate affidavit. This shall not preclude the institution of higher education from verifying the information provided on the affidavit, as the institution deems necessary.

(iv) Notwithstanding clause (i), the institution of higher education may provide an affidavit for students who do not apply for state financial aid to submit for the purposes of complying with subparagraph (A).

(b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.

(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.

(d) Student information obtained in the implementation of this section is confidential.

(e) For purposes of this section, “independent institutions of higher education” has the same meaning as in Section 66010.

history: (History: Amended by Stats. 2023, Ch. 584, Sec. 1. (AB 1540) Effective January 1, 2024.)

title: 3. POSTSECONDARY EDUCATION

article: 11. Miscellaneous Provisions


text: If a state court finds that Section 66021.6, 66021.7, 66021.9, or 68130.5, or any similar provision adopted by the Regents of the University of California, is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under that statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief, may be awarded. In any action in which the court finds that Section 66021.6, 66021.7, 66021.9, or 68130.5, or any similar provision adopted by the Regents of the University of California, is unlawful, the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief.

history: (History: Amended by Stats. 2019, Ch. 53, Sec. 6. (SB 77) Effective July 1, 2019.)

title: 3. POSTSECONDARY EDUCATION

article: 11. Miscellaneous Provisions


text: The governing boards and district governing boards may enter into agreements with appropriate agencies and institutions of higher education in other states and foreign countries providing for the exchange of students in higher educational institutions in this state and other states or countries pursuant to Sections 68124, 76140, and Chapter 10 (commencing with Section 66800) of Part 40 of this division.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

article: 11. Miscellaneous Provisions


text: If an action is brought against a governing board as the result of the application of this chapter, that governing board shall inform the governing boards of the other institutions regarding the litigation. If an action is brought against a district governing board as a result of the application of this chapter, that district governing board shall inform the Board of Governors of the California Community Colleges, who shall inform the Regents of the University of California, and the Trustees of the California State University, regarding the pending litigation.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 59. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 11. Miscellaneous Provisions


text: No provision of this part shall be applicable to the University of California unless the Regents of the University of California, by resolution, make such provision applicable.

title: 3. POSTSECONDARY EDUCATION

article: 11. Miscellaneous Provisions


text:
(a) (1) No mandatory systemwide fees or tuition of any kind shall be required or collected by the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any community college district from a student who has been exonerated, as that term is defined in Section 3007.05 of the Penal Code, if the student meets all of the following conditions:

(A) Completes and submits the Free Application for Federal Student Aid (FAFSA).

(B) Meets the financial need requirements established for Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42.

(2) A student shall not have the student’s mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of six years of full-time attendance in an undergraduate program.

(b) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which the person applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year.

(c) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of this state pursuant to this chapter.

history: (History: Added by Stats. 2019, Ch. 436, Sec. 1. (AB 703) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 41.5. WAIVER OF FEES FOR EXONERATED PERSONS


text: Any accompanying regulations or formal policy to verify Selective Service registration is waived for applicants eligible for Cal Grants pursuant to Section 69508.5. The Student Aid Commission shall not consider verification of Selective Service registration in audits of the 2021–22 academic year.

history: (History: Amended by Stats. 2021, Ch. 262, Sec. 5. (SB 169) Effective September 23, 2021.)

part: 42. STUDENT FINANCIAL AID PROGRAM

title: 3. POSTSECONDARY EDUCATION

chapter: 1. Selective Service Registration

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 42. STUDENT FINANCIAL AID PROGRAM > 1. Selective Service Registration


text: This chapter shall be known, and may be cited, as the Cal Grant Reform Act. This chapter continues, without interruption or diminution, the operation of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established under Chapter 1.7 (commencing with Section 69430) as it read on December 31, 2022, until July 1, 2024, if funding is included in the annual Budget Act for this purpose. This chapter shall only become operative upon the appropriation by the Legislature, in the annual Budget Act or another statute, of sufficient funds to fully implement its provisions.

history: (History: Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative by its own provisions.)

title: 3. POSTSECONDARY EDUCATION

chapter: 1.5. The Cal Grant Reform Act

article: 1. General Provisions

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 42. STUDENT FINANCIAL AID PROGRAM > 1.5. The Cal Grant Reform Act > 1. General Provisions


text:
For purposes of this chapter, the following definitions apply:

(a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included.

(b) “Access costs” means living expenses and expenses for transportation, supplies, technology, and books.

(c) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution.

(d) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree.

(e) “Commission” means the Student Aid Commission.

(f) “Eligibility index for student aid,” with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.

(g) “Enrollment status” means part- or full-time status.

(1) “Part time,” for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent.

(2) “Full time,” for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent.

(h) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers’ Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework.

(i) “Instructional program of not less than one academic year” means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.

(j) “Instructional program of not less than two academic years” means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program.

(k) (1) “Qualifying institution” means an institution that complies with paragraphs (2) and (3) and is any of the following:

(A) A California private or independent postsecondary educational institution that participates in the federal Pell Grant program and in at least two of the following federal student aid programs:

(i) Federal Work-Study Program.

(ii) Federal Stafford Loan Program.

(iii) Federal Supplemental Educational Opportunity Grant Program.

(B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institution’s operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 2000–01 academic year shall retain its eligibility as long as it maintains its existing accreditation status.

(C) A California public postsecondary educational institution.

(2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the internet website of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an internet website address labeled as an access point for the data on the passage rates of recent program graduates on the internet website where enrollment information is also located, on an internet website that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students.

(B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A).

(3) (A) The commission shall certify by November 1 of each year the institution’s latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education.

(B) For purposes of the 2024–25 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution.

(C) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B) or (E), as applicable.

(ii) If the United States Department of Education corrects or revises an institution’s three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B) or (E), as applicable, and the correction or revision results in the institution’s three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied.

(D) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education.

(E) For purposes of the 2024–25 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution.

(F) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A).

(G) The commission shall do all of the following:

(i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (B) or (E) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award.

(ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (B) or (E) that the student’s Cal Grant award will be eliminated if the student attends the ineligible institution in an academic year in which the institution is ineligible.

(iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (B) or (E) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award.

(iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (B) and (E), respectively.

(II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance.

(l) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining “satisfactory academic progress” in a manner that is consistent with those federal standards. The regulations adopted by the commission under this subdivision shall, to the extent consistent with applicable federal standards, provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at the institution they attend, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements.

history: (History: Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.)

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
(a) Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to, and selection of, an institution of higher education for students with financial need, the long-term policy of the Cal Grant Reform Act established pursuant to this chapter shall be that, commencing with the 2024–25 award year, if funding is included in the annual Budget Act, and every year thereafter, an applicant for a Cal Grant award shall receive an award for payment of tuition or student fees, nontuition costs, or both tuition or student fees and nontuition costs, as specified for each Cal Grant award type, if the applicant complies with both of the following requirements:

(1) Demonstrates financial need.

(2) Complies with each of the applicable eligibility criteria.

(b) An institution of higher education in this state that participates in the Cal Grant Reform Act Program shall not reduce its level of need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the academic year before July 1, 2022.

(c) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to, and selection of, an institution of higher education for students with financial need.

(d) It is the policy of the State of California that the Cal Grant Reform Act Program supplement the federal Pell Grant program.

(e) An award under the Cal Grant Reform Act Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
(a) The commission shall adopt regulations necessary to implement this chapter, and these regulations shall become operative no sooner than July 1, 2024. Notwithstanding any other law, the commission may adopt emergency regulations pursuant to Section 11346.1 of the Government Code in order to ensure that the program enacted by this chapter may function in its first academic year. Those emergency regulations shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

(b) Regulations adopted pursuant to subdivision (a) shall not affect the application of Chapter 1.7 (commencing with Section 69430), as it read on December 31, 2022, to students already receiving assistance pursuant to that chapter. These regulations shall provide guidance to institutions that assist in applying Chapter 1.7 (commencing with Section 69430) and this chapter during any period of overlap.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
Pursuant to the long-term policy of the Cal Grant Reform Act Program established pursuant to Section 69407, the commission shall make awards under the Cal Grant Program for payment of tuition or student fees, nontuition costs, or both tuition or student fees and nontuition costs, in accordance with the following:

(a) The commission shall determine the timelines and procedures for the application process for awards, and the timelines and procedures for the distribution of those awards, under this chapter. In determining those timelines and procedures, the commission shall take into consideration the relevant academic calendars of high schools and postsecondary educational institutions and shall ensure that students and their families have sufficient time to complete the application process and, once the results of that process are known, to make informed decisions about achieving the students’ educational goals with any available Cal Grant award.

(b) (1) As a continuation of the Cal Grant C Program established under Article 6 (commencing with Section 69439) of Chapter 1.7, as it read on December 31, 2022, an otherwise eligible student enrolled in qualifying occupational and technical training program who would have been eligible for aid under the Cal Grant C Program, shall be eligible to receive a prorated Cal Grant award as specified in the Budget Act.

(2) A qualifying occupational and technical training program shall be defined and determined based on the criteria established under Article 6 (commencing with Section 69439) of Chapter 1.7, as it read on December 31, 2022.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
(a) (1) As a condition for its voluntary participation in the Cal Grant Reform Act Program, each Cal Grant participating institution shall annually report to the commission, and as further specified in an institutional participation agreement, both of the following for its undergraduate programs:

(A) Enrollment, persistence, and graduation data for all students, disaggregated by race and financial aid recipient status.

(B) The job placement rate and salary and wage information for each program that is either designed or advertised to lead to a particular type of job or advertised or promoted with a claim regarding job placement.

(2) The institutional participation agreement shall not be subject to the requirements of the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(b) The commission shall provide both of the following on its internet website:

(1) The information submitted by a Cal Grant participating institution pursuant to subdivision (a), which shall be made available in a searchable database.

(2) Other information and links that are useful to students and parents who are in the process of selecting a college or university. This information may include, but not necessarily be limited to, local occupational profiles available through the Employment Development Department’s Labor Market Information Data Library.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text:
(a) To be eligible for a Cal Grant Reform Act Program award under this chapter, a student shall be all of the following:

(1) A citizen of the United States, or an eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965, as amended from time to time (20 U.S.C. Sec. 1070 et seq.).

(2) Either of the following:

(A) A resident of California at the time of high school graduation or its equivalent.

(B) A student who has residence, pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, in the state for more than three years immediately preceding July 1 of the award year.

(3) Not in default on any student loan within the meaning of Section 69507.5.

(b) Notwithstanding paragraphs (1) and (2) of subdivision (a), a student who is exempt from paying nonresident tuition pursuant to Section 68130.5 shall be eligible for an award pursuant to this chapter if they meet all other eligibility requirements.

(c) Notwithstanding paragraph (2) of subdivision (a), a student who is a dependent natural or adopted child, stepchild, or spouse of a member of the Armed Forces of the United States stationed outside of California on active duty, if the member of the Armed Forces of the United States otherwise maintains California as their state of legal residence, shall be eligible for an award pursuant to this chapter if the student meets all other eligibility requirements.

history: (History: Amended by Stats. 2025, Ch. 648, Sec. 1. (SB 67) Effective January 1, 2026. Conditionally operative as prescribed in Sections 69405 and 69428.)

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions