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Purpose of the Parent Guardian Information Question: To identify if the applicant is a minor Minor is Dependent or Independent for the purposes of determining residency for tuition purposes or not. If so, their the minor is a “Dependent” - residency for tuition purposes will be based on their parent or guardian’s residency statusinformation. The concern is that the current layout and language is confusing to students - and colleges have to spend a lot of time following up on incorrect responses.

Concern: 

  • Students fear of Disclosing Personal Information in Parent/Guardian Information Section

  • Students are worried to put in their parents’ information without knowing that it is protected under federal and state law.

  • Information about residency could cause confusion about eligibility for AB540 and SB68

  • Foster youth students have been confused for several years; John Burton Foundation helped clarify some text earlier in 2019

Additional Information: Patty Donohue, Production Manager, has records of multiple complaints and requests from colleges over the past several years regarding blocks and barriers for various special population under 19 various problems / barriers for minor students who were being flagged as nonresidents or “possible residents” based on their response of “Guardian” for Parent Guardian Relationship. This is is a legitimate residency concern in the SAAM and in the residency algorithm which flags a student minor under age 19 “under care and control of Guardian”. The problem/issue is that there are only three response options possible if you are a minor foster youth,

After several meetings
Objective: Discuss a revision to the layout, the language, or both - to provide better clarity for the student and to ensure the college gets correct information with minimal follow-up outreach.

REQUIREMENTS:

According to the data from 2018-2019, the number of applications across all colleges who minor students (under 19) who were exceptions (i.e., indicated that they were “independent” for purposes of determining residency was x number of total incoming applications under age 19.

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  • Under 19 - Dependent = 677,901 (.92771%)

  • Under 19 - Independent - 52,815 (.07228%)

  • Over 19 - Independent - 1,916,899 = 72.41%

Total Minors: 730,716 = 27.59%

Total Apps: 2,647,615*

Less than 8% of students self-identified as “independent minors” in fiscal year 2019. Meaning based on their DOB, they were presented with the Parent-Guardian Information (Dependency) (*Filtered all apps submitted between July 1, 2018 - June 30, 2019 by college name, excluding the test colleges, CO test college).

Colleges want to capture

Discussion Notes:

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Immigrants Rising has suggested including some clarifying language to the Parent/Guardian Information question to help undocumented students:

  1. Students are worried to put in their parents’ information in without knowing that it is protected under federal and state law.

  2. Information about residency could cause confusion about eligibility for AB540 and SB68.

  3. Revise the language in the Parent/Guardian Info question text

During the December 12 meeting, it was discussed that the entire questions should be reviewed and a new layout should be considered.

Many proposals from colleges, students, parents and other stakeholders regarding the Parent/Guardian Information section in CCCApply. The complaints/concerns include:

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Students don’t understand that they are still considered a “minor” until they are 19 years old for residency purposes

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Students aren’t reading the question and selecting the “This statement is true about me” because they believe they are not a minor and are emancipated

There’s ambiguous language - students aren’t sure how to answer,

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There’s no option for Foster Youth in the Relationship dropdown (we had to add a bullet option in 2019)

This is mandated in the SAAM, which cites the CA Ed Code 68062 (see below).

Dependency Status: The data field behind this question is: <dependency_status> and the question only displays IF the applicant is UNDER 19 years of age (based on the DOB). If the question is displayed, a response is required. The question asks the student to self-report whether they are minors or if they meet the circumstances for being an Independent minor, under age 19, and married or emancipated - or foster youth, or under the care & control of a guardian. NOTE: If the minor is Dependent (i.e., the response = 1, THEN parent/guardian questions are asked and many residency-related questions are reworded to refer to parent/guardian rather than the minor applicant.

Data Information: In FY 2018-2019, over 2.6 million CCCApply applications were submitted. For the purposes of this breakdown, spam applications were not removed from the total = 2,647,615.

Of the 2,647,615 apps submitted:

  • Minors = 730,716 (27.6% of apps submitted)

    • DEPENDENT MINORS = 25.6% of submitted apps were from DEPENDENT minors; 93% of minors are Dependents.

    • INDEPENDENT MINORS = 2% of submitted apps were from self-reported INDEPENDENT minors; 7% of minors are Independent, which means they have one or more special circumstances (either married, emancipated, do not have a living parent, or were in foster youth any time after age 13 or - as of the RDD are in active military, or are self-supporting.

  • Adults = 1,916,899 (72.4% of apps submitted by Independent adults, 19 yrs or older)

Info

In FY2018-19, less than 8% of minors self-identified as “independent minors”. all other minors are “dependent” and should provide their Parent or Guardian’s name and relationship.

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What’s the Problem?

The concern is that our current layout creates barriers for minors, and our current language is ambiguous and incomplete. Specific concerns are:

  • According to Immigrants Rising, undocumented students fear disclosing personal information, especially their parent or guardian’s person information, and our current language does not state that their privacy is protected by state and federal laws.

  • Also, undocumented students don’t readily understand the difference between determining “California residency” for tuition purposes, versus US citizenship residency and our language doesn’t clarify this;

  • Current language is ambiguous regarding eligibility for nonresident tuition through AB540/SB68

  • Foster youth students are especially confused with our current layout because there is no option other than parent or guardian to select

  • Students do not read long blocks of text closely and our current layout encourages the student to self-report themselves as “Independent”

  • Colleges aren’t getting the information they need from minors, even though 93% of minors are Dependent and should provide their parent’s information

  • Students are misreading “I do not have a parent or guardian living” and believe it asks if they do have a living parent/guardian

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  • Colleges have to spend a lot of time contacting minor students to follow up when they self-report as Independents in error.,

What do we need to change?:

Discuss a revision to the layout, the language, or both - to provide better clarity for the student and to ensure the college gets correct information with minimal follow-up outreach.

Meeting Discussion Notes:

  1. Immigrants Rising has suggested that clear, non-threatening language be added to the Parent/Guardian Information question to help undocumented students:

  2. Colleges want a better layout to collect minor student’s parent or guardian information

  3. Colleges want minimal changes to the data structure and the download files;

  4. Students want a streamlined, unambiguous question that clearly explains why they are being asked for their parent information (especially when they are 18 years old)

  5. Students want to know that their parent’s information is protected by state and federal laws and will not be used for discriminatory purposes

Actions:

Work with the Chancellor’s Office to confirm what language can be changed and whether the proposed layout changes are approved.

  1. Review proposal for layout and language changes

  2. Review Immigrants Rising's original concerns and feedback:

Image Added

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Legal Information

From the SAAM:

Legal Requirements:

  • Self-Supporting Student

  • Two-Year Care & Control:

  • Residency for Minor

Parent 

The father or mother with whom the minor resides; or, if both parents are deceased, the minor’s legal guardian.  Reference: EC 68014From “Determining Residency” in the SAAM Draft 2019

"Parent" means the parent with whom the minor resides; or, if both parents are deceased, his or her legal guardian. Language from Ed Code: 68014. 

Determining Residency

  • f. The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, his or her residence is that of the parent with whom he or she maintained his or her last place of abode. The minor may establish his or her residence when both parents are deceased if a legal guardian has not been appointed

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  • g. The residence of an unmarried minor who has a living parent cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control, unless the student qualifies under the Self-Support exception (EC 68071) or the Two-Year Care and Control exception (EC 68073 and T5 54047). 

  • h. An noncitizen, including an unmarried minor noncitizen, may establish his or her residence unless precluded by the Immigration and Nationality Act from establishing residence in the United States. See Note in (f) above. 

Reference: EC 68060, 68061, 68062, 68071, 68073; T5 54022, 54045, 54047

Dependent of Parent/Guardian

(from the

Note: The conditions in (f) apply unless the Immigration and Nationality Act precludes the minor from establishing domicile (residence) in the United States. 

Language from Ed Code: 68062:  

Expand

(f) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode, provided the minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed.
  (g) The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control.
  (h) An alien, including an unmarried minor alien, may establish his or her residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States.
  (i) The residence of an unmarried minor alien shall be derived from his or her parents pursuant to the provisions of subdivisions (f) and (g).

From CCCApply Standard Application Data Dictionary v.2019.3)

Dependent of Parent/Guardian

Data Element:

dependent_status

Description:

Whether applicant is a minor subject to care and control of guardian per residency law—and if not, whether applicant is a non-minor or an independent minor.

Format, Length:

bpchar, 1

Values:

1 = Applicant is dependent.  Selected “None of the statements above is true about me.”

2 = Applicant is under 19 and independent.  Selected “At least one of these statements is true about me”.

3 = Applicant is 19 or older and therefore independent. The applicant will not have been presented with the parent/guardian questions.

Allows Null:

No

Default:

3

Usage:

If this field = 1, parent/guardian questions are asked and many residency-related questions are reworded to refer to parent/guardian rather than “you”.

Notes:

General law identifies a ‘Minor’ as under age 18; however, the “Evidence of Intent” rules in the Student Attendance Accounting Manual (Chapter 2), based on Title 5 section 54024, specify ‘under 19 years’ as the differentiating criterion, superseding general law.

Hover help

Whether applicant is a minor subject to care and control of guardian per residency law—and if not, whether applicant is a non-minor or an independent minor.

Question Text:

Select the statement that applies to you:

At least one of the following statements is true about me:

  • At least one of the following statements is true about me

  • I am or have been married

  • I am legally emancipated

  • I do not have a living parent or guardian

  • I was in foster care at any time after my 13th birthday

  • As of <rdd>, I will be on active duty in the armed services

  • As of <rdd>, I will have been self-supporting for at least one year

  • None of the statements above is true about me


  None of the statements above is true about me.

Conditions:

Appears only if the applicant will be under 19 at RDD.

Additional Text:   

By California law, qualification for resident tuition is based on the residency of your parent(s) or guardian(s) until you are 19 years of age, except in certain special circumstances. The following questions will be used to determine whether or not you need to provide parent or guardian information for the purposes of determining residency. Your response will not affect your admission to college.

Response Options:

Must select one of the two radio buttons.

Pop-Up Help:

If any of the hyperlinks in the Question Text is clicked, a pop-up is displayed with the following text:

Parent: For the purposes of this college application, your parent is a natural or adoptive mother or father with whom you live and/or who provides your support, care, and control. If you have two parents, you can enter the name of either one.

Guardian: For the purposes of this college application, your guardian is a person other than a parent who has been legally appointed to provide your support, care, and control. If you have two guardians, you can enter the name of either one.

Emancipated: Being emancipated means that you have been legally released from the care and control of parent(s) and/or guardian(s), and are now responsible for your own care and control.

To be considered legally emancipated for the purposes of this college application, you must have received a declaration of emancipation from a California court, or have been legally emancipated in another U.S. state.

Self-Supporting:  You are considered to be self-supporting if you do not receive any financial support from a parent or legal guardian in the year leading up to the start of the term for which you are applying.

Financial support you may receive from colleges, institutions, or individuals who are not your parent or legal guardian does not affect whether you are considered self-supporting.


Court-Ordered Foster Care:  You have been in foster care if you were removed from your biological family through an order by a court, which can include placement with foster parents, in a group home, or with relatives/extended family members. If you were living with relatives you must have been placed through the foster care system by an order of the court.

Foster Care includes, but is not limited to, placement in out-of-home care under the supervision of the Juvenile Probation Department. As long as you were placed within the foster care system by order of a court, you were in foster care. Having a legal guardian does not necessarily mean that you have been in foster care. If you need assistance with determining whether you were in foster care, you can contact the California Foster Care Ombudsman's office at (877) 846-1602 or fosteryouthhelp@dss.ca.gov

Field Error Check:

None

Page Error Check:

Required selection; else error message, “You must select one of the options related to your parent or guardian status.”

Notes:

This question determines whether someone who will be under 19 on RDD is subject to care and control of guardian for purposes of determining residency. For residency purposes (unlike in general law), a minor is defined as someone under 19 years of age.

Data Element:

dependent_status

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