1. (a) Students seeking an exemption from the obligation to nonresident tuition under the eligibility criteria expressed in Education Code section 68130.5, subdivision (a), shall verify their eligibility by filing a California Nonresident Tuition Exemption Request form with the district of enrollment, or in the case of students applying for state-based financial aid, by filing a California Dream Act Application (CADAA) with the California Student Aid Commission.
2. (b) The California Nonresident Tuition Exemption Request form shall be prescribed by the Chancellor and districts shall make the form available to students in a convenient manner, including, but not limited to, posting on district websites. The form shall request students to provide information demonstrating that they meet the eligibility criteria in Education Code section 68130.5, subdivision (a), including, in the case of undocumented persons, an affidavit affirming that they have filed an application to legalize their immigration status, or will file such an application as soon as they are eligible to do so.
3. (c) Districts receiving notice from the California Student Aid Commission that a student successfully submitted the information required by Education Code section 68130.5, subdivision (a), shall accept the information provided by the California Student Aid Commission.
4. (d) Where districts have a reasonable basis to question a student's eligibility for the exemption, they may request supplemental information from the student that is directly relevant to their eligibility.
5. (e) Notwithstanding the general exclusion of undocumented persons from the exemption noted in Education Code section 68130.5, subdivision (a), persons granted “T” or “U” visa status under 8 U.S.C. 1101(a)(15)(T)(i) or (ii), or 1101(a)(15)(U)(i) or (ii), respectively, shall be exempt from paying nonresident tuition, provided all eligibility requirements in Education Code section 68130.5, subdivision (a), are met.
6. (f) Documents and information obtained in implementing the exemption provided by Education Code section 68130.5 are confidential.
7. (g) Nothing herein authorizes a refund of nonresident tuition that was paid for any term commencing prior to January 1, 2018.

Note: Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code.

History

1. New section filed 5-3-2002; operative 6-2-2002. Submitted to OAL for printing only (Register 2002, No. 25).

2. Amendment of subsections (a)-(a)(3) and new subsection (g) filed 10-10-2014; operative 11-9-2014. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2014, No. 42).

3. Amendment of subsection (a)(1), new subsections (a)(1)(A)-(a)(1)(B) and amendment of subsection (a)(3) filed 4-22-2015; operative 5-22-2015. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2015, No. 17).

4. Amendment of section heading and section filed 3-20-2018; operative 4-19-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 14).

5. Amendment filed 8-8-2024; operative 9-7-2024. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2024, No. 37).