The following are changes proposed to Title 5 of the California Code of Regulations.
April 7, 2017
Statement
of
Reasons
for Amendment
of
Title
5,
California
Code
of
Regulations,
Section 41908
In accordance with the California Education Code, each CSU campus determines its students' California residency status for tuition purposes at the time of admission. Students who are deemed nonresidents for tuition purposes by the campus may appeal the initial residency status decision or the subsequent reclassification decision.
The proposed changes to section 41908 would set forth criteria for appeals challenging the campus residency decision. With these changes, a student appealing a decision would need to show that the campus decision was based on: a significant factual error, a significant procedural error, an incorrect application of law, or significant new information that became available after the date of the campus decision. These changes are intended to clarify the appeals process for students, providing them clear information as to how appeals are evaluated, so students can better judge whether an appeal might ultimately be successful.
The Title 5 changes would also reduce the number of days within which a student can file an appeal, from 120 calendar days to 30 calendar days, improving the timeliness of the process and preventing lingering uncertainty for both the student and the campus.
Finally, the proposed language would specify that appeals are directed to the Chancellor's Office generally rather than a specific unit, the Office of General Counsel, to allow for cross-divisional collaboration, provide flexibility, and ensure that students are being best served.
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