Cal. Code Regs. tit. 5 § 41905.5

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 41905.5 - Residence Reclassification - Financial Independence Requirement

A nonresident student requesting reclassification to resident for tuition purposes must demonstrate financial independence. A student shall be considered financially independent if the student has not and will not be claimed as an exemption for state and federal tax purposes by a parent or legal guardian in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application; has not and will not receive more than seven hundred fifty dollars ($750) per year in financial assistance from a parent or legal guardian in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application, and; has not lived and will not live for more than six weeks in the home of a parent or legal guardian during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application.

Financial independence shall not be considered in a reclassification analysis if the student meets at least one of the following criteria:

(a) Dependent on a parent who has California residence (pursuant to Education Code Section 68060 et seq.) for more than one year immediately preceding the residence determination date for the academic term for which reclassification is requested,

(b) Enrolled in a graduate or post-baccalaureate program, regardless of age,

(c) At least 24 years of age by the residence determination date for the academic term for which reclassification is requested,

(d) Married or registered domestic partner as of the residence determination date, regardless of age,

(e) All active duty (including National Guard members and reservists) members serving in the U.S. Armed Forces,

(f) Veteran of the U.S. Armed Forces,

(g) Has a legal dependent other than a spouse or registered domestic partner,

(h) Any time since turning the age of 13, is or was a ward of the court, foster youth or both parents are deceased,

(i) Declared by a court to be an emancipated minor,

(j) Has been determined to be an unaccompanied youth who is homeless or at risk of becoming homeless pursuant to federal financial aid rules.

Cal. Code Regs. Tit. 5, § 41905.5

1. New section filed 12-18-2009; operative 12-18-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 51).
2. Editorial correction (Register 2010, No. 1).
3. Editorial correction of HISTORY 1 (Register 2010, No. 11).
4. Amendment filed 9-22-2020; operative 9-22-2020 pursuant to Education Code section 89030.1. Submitted to OAL for filing and printing only pursuant to Education Code section 89030(b) (Register 2020, No. 39).

Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Section 68044, Education Code.

1. New section filed 12-18-2009; operative 12-18-2009. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2009, No. 51).
2. Editorial correction (Register 2010, No. 1).
3. Editorial correction of History 1 (Register 2010, No. 11).
4. Amendment filed 9-22-2020; operative 9/22/2020 pursuant to Education Code section 89030.1. Submitted to OAL for filing and printing only pursuant to Education Code section 89030(b) (Register 2020, No. 39).