The following are changes proposed to Title 5 of the California Code of Regulations.
September 29, 2009
TITLE 5. TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY
NOTICE IS HEREBY GIVEN that the Board of Trustees of the California State University proposes to adopt Section 41905.5 of Article 4, Subchapter 5, Chapter 1, Division 5 of Title 5 of the California Code of Regulations. A public hearing concerning the proposed change will be held in the Glenn S. Dumke Conference Center at 401 Golden Shore, Long Beach, California 90802-4210 commencing at 9:00 a.m. on November 17, 2009, or as soon thereafter as the business of the Board will permit. Any person interested may present statements orally or in writing relevant to the proposed action at that hearing. Written comments must be received by close of business on November 16, 2009, addressed to Patricia Bartscher, University Counsel, San Francisco State University, 1600 Holloway Avenue, San Francisco, California, 94132. Telephone (415) 338- 2998.
INFORMATIVE DIGEST
Trustee policy for determining the residency of students for purposes of tuition and financial aid is set out in Title 5 of the California Code of Regulations. Generally, in accord with Education Code requirements, students must demonstrate through a variety of criteria that they have been physically present in California for one year prior to the date residency is determined, with the intent to remain indefinitely. The law does not intend for students to automatically become residents for tuition purposes after having been enrolled at a CSU campus for one year.
Students initially classified as non-residents may seek reclassification in a subsequent semester or quarter. CSU has considered financial independence as one factor in these reclassification decisions, rather than a threshold requirement as required by Education Code 68044. That code section has long required CSU to adopt regulations in this area. This proposed regulation will disallow out-of-state CSU students who are financially dependent on nonresident parents or others, and not likely to remain in California after graduation, from becoming California residents for tuition purposes after one year of enrollment. The criteria for determining financial independence set out in this new regulation are consistent with the Education Code.
COST TO STATE AND LOCAL AGENCIES AND SCHOOL DISTRICTS
The adoption of the proposed regulation will not impose a cost or savings on any state agency; will not impose a cost or savings on any local agency or school district that is required to be reimbursed under Section 17561 of the Government Code; will not result in any nondiscretionary cost or savings to local agencies; will not result in any cost or savings in federal funding to the state; and will not impose a mandate on local agencies or school districts.
AUTHORITY
The regulations are being amended pursuant to Sections 68044 and 89030 of the Education Code.
REFERENCE
Sections 89030 and 68044 of the Education Code and Section 41905 of the California Code of Regulations.
CONTACT
Inquiries concerning the proposed change may be directed to Patricia Bartscher, Patricia Bartscher, University Counsel, San Francisco State University, 1600 Holloway Avenue, San Francisco, California, 94132 Telephone: (415) 338- 2998.
Copies of the text, the statement of reasons for and information supporting the proposed amendments, and all information upon which the proposal is based are available for viewing on our internet site (http://www.calstate.edu/Title5/index.shtml), or upon request of Patricia Bartscher, University Counsel, San Francisco State University, 1600 Holloway Avenue, San Francisco, California, 94132.
Title 5, California Code of Regulations
Division 5 — Board of Trustees of the California State Universities
Chapter 1 — California State University
Subchapter 5 —
Article 4 —
§ 41905.5 Residence Reclassification - Financial Independence Requirement.
Any nonresident student requesting reclassification to resident for tuition purposes must demonstrate financial independence. A student shall be considered financially independent if they have not been claimed as a dependent on a nonresident parent's tax returns; have not received more than $750 in financial assistance from a nonresident parent; and have not lived with a nonresident parent more than 6 weeks in any of the three calendar years prior to the reclassification application. A nonresident student who has been appointed to serve as a graduate student teaching assistant, graduate student research assistant, or graduate student teaching associate on any California State University campus , employed on a 0.49 or more time basis is exempt from this requirement.
Note. Cited Authority: The regulations are being amended pursuant to Sections 68044 and 89030 of the Education Code.
Statement of Reasons
for Adoption of
Title 5, California Code of Regulations, Section 41905.5.
Education Code section 68044 requires financial independence as a requirement to be eligible for reclassification as a resident for purposes of tuition assessment. This amendment to Title 5, establishes the financial independence criteria for applicants applying for resident tuition reclassification.
