Title 5 Statement of Reasons

​The following are changes proposed to Title 5 of the California Code of Regulations.

June 2, 2020

Statement of Reasons for Amendment of

Title 5, California Code of Regulations, Section 41905.5

In accordance with Education Code Section 68040 et seq., a California State University campus determines each student's California residency status for tuition purposes at the time of admission. A student is designated either a resident or nonresident for tuition purposes. The initial classification of residency requires that a student meet the requirements of physical presence in California and an intent to remain in California. A student who fails to demonstrate physical presence and intent to remain is classified as a nonresident.

A student who is deemed a nonresident for tuition purposes may request a reclassification to residency for a subsequent term. In addition to demonstrating physical presence and intent to remain in California at that time, a student must also satisfy financial independence requirements. The financial independence requirements include not being claimed by a parent as a dependent exemption for state and federal tax purposes, not having received more than $750 in financial assistance from a parent and not having lived with a parent for more than six weeks during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application.

Currently, a lack of financial independence is an automatic disqualifier for a nonresident student seeking reclassification. As a result, reclassification requests must be denied even in a few circumstances where compelling arguments exist to support reclassification for the student.

Education Code section 68044 requires the CSU to adopt rules and regulations for determining a student's residency classification or reclassification as a California resident. The proposed amendment establishes the circumstances where financial independence shall not be considered in a reclassification analysis.

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