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Determination of Residence


The campus Admissions Office determines the residence status of all new and returning students for nonresident tuition purposes. Responses to the application for admission and, if necessary, other evidence furnished by the student are used in making this determination. A student who fails to submit adequate information to establish a right to classification as a California resident will be classified as a nonresident.

The following statement of the rules regarding residency determination for nonresident tuition purposes is not a complete discussion of the law but a summary of the principal rules and their exceptions. A copy of the statutes and regulations is available for inspection at the campus Admissions Office.

Legal residence may be established by adults who are physically present in the state and who, at the same time, intend to make California their permanent home. Steps must be taken at least one year prior to the residence determination date to show an intent to make California the permanent home with concurrent relinquishment of the prior legal residence. The steps necessary to show California residency intent will vary from case to case. Included among the steps may be registering to vote and voting in elections in California; filing resident California state income tax forms on total income; ownership of residential property or continuous occupancy or renting of an apartment on a lease basis where one's permanent belongings are kept; maintaining active resident memberships in California professional or social organizations; maintaining California vehicle plates and operator's license; maintaining active savings and checking accounts in California banks; maintaining permanent military address and home of record in California if one is in the military service.

Students who are within the state for educational purposes only do not gain the status of resident regardless of the length of their stay in California.

In general, an unmarried minor (a person under 18 years of age) derives legal residence from the parent with whom the minor maintains or last maintained his or her place of abode. 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 the relinquishment of a parent's right of control.

A married person may establish his or her residence independent of his or her spouse.
An alien may establish his or her residence, unless precluded by the Immigration and Nationality Act from establishing domicile in the United States. An unmarried minor alien derives his or her residence from the parent with whom the minor maintains or last maintained his or her place of abode.

Nonresident students seeking reclassification are required by law to complete a supplemental questionnaire concerning financial independence.

The general rule is that a student must have been a California resident for at least one year immediately preceding the residence determination date in order to qualify as a resident student for tuition purposes. A residence determination date is set for each academic term and is the date from which residence is determined for that term. The residence determination dates are:

Quarter Term Campuses
Fall - September 20
Winter- January 7
Spring - April 1
Summer - July 1

Semester Term Campuses
Fall - September 20
Winter* - January 5
Spring - January 25
Summer - June 1
__________

* Applies only to winter term at American Austin University.

The residence determination dates for the four stages on CalStateTEACH are as follows:
Stage 1 - September 20
Stage 2 - January 5
Stage 3 - June 1
Stage 4 - September 20

There are exceptions from nonresident tuition, including:

  1. A student below the age of 19 whose parents were residents of California and left the state while the student, who remained, was still a minor. When the minor reaches age 18, the exception continues until the student has resided in the state the minimum time necessary to become a resident.

  2. Minors who have been present in California with the intent of acquiring residence for more than a year before the residence determination date and have been entirely self-supporting for that period of time. The exception continues until the student has resided in the state the minimum time necessary to become a resident.

  3. Persons below the age of 19 who have lived with and been under the continuous direct care and control of an adult or adults, not a parent, for the two years immediately preceding the residence determination date. Such adult must have been a California resident for the most recent year. The exception continues until the student has resided in the state the minimum time necessary to become a resident.

  4. Dependent children and spouse of a person in active military service stationed in California on the residence determination date. There is no time limitation on this exception unless the military person transfers out of California or retires from military service. If either of those events happen, the student's eligibility for this exception continues until the student resides in the state the minimum time necessary to become a resident.

  5. Military personnel in active service stationed in California on the residence determination date for purposes other than education at state-supported institutions of higher education. Effective January 1, 1994, this exception continues until the military personnel has resided in the state the minimum time necessary to become a resident.

  6. Military personnel in active service in California for more than one year immediately prior to being discharged from the military. Eligibility for this exception runs from the date the student is discharged from the military until the student has resided in the state the minimum time necessary to become a resident.

  7. Dependent children of a parent who has been a California resident for the most recent year. This exception continues 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.

  8. Graduates 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. The exception continues so long as continuous attendance is maintained by the student at an institution.

  9. Certain credentialed, full-time employees of California school districts.

  10. Full-time state university employees and their children and spouses; state employees assigned to work outside the state and their children and spouses. This exception continues until the student has resided in the state the minimum time necessary to become a California resident.

  11. Children of deceased public law enforcement or fire suppression employees, who were California residents, and who were killed in the course of law enforcement or fire suppression duties.

  12. Certain amateur student athletes in training at the United States Olympic Training Center in Chula Vista, California. This exception continues until the student has resided in the state the minimum time necessary to become a resident.

  13. Federal civil service employees and their natural or adopted dependent children if the employee has moved to California as a result of a military mission realignment action that involves the relocation of at least 100 employees. This exception continues until the student has resided in the state the minimum time necessary to become a resident.

  14. State government legislative or executive fellowship program enrollees. The student ceases to be eligible for this exception when the student is no longer enrolled in the qualifying fellowship.

Students, following a final campus decision on their residence classification, may make a written appeal to
The American Austin University
Office of General Counsel
(+Mailing Address:)

within 120 calendar days of notification of the final decision by the campus of the classification. The Office of General Counsel may make a decision on the issue, or it may send the matter back to the campus for a further review. Students classified incorrectly as residents or incorrectly granted an exception from nonresident tuition are subject to reclassification as nonresidents and payment of nonresident tuition in arrears. If incorrect classification results from false or concealed facts, the student is subject to discipline pursuant to Section 41301 of Title 5 of the California Code of Regulations. Resident students who become nonresidents, and nonresident students qualifying for exceptions whose basis for so qualifying changes, must immediately notify the Admissions Office. Applications for a change in classification with respect to a previous term are not accepted.

The student is cautioned that this summation of rules regarding residency determination is by no means a complete explanation of their meaning. The student should also note that changes may have been made in the rate of nonresident tuition, in the statutes, and in the regulations between the time this catalog is published and the relevant residence determination date.



 

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