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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.

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

  • 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?:

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NEW LAYOUT

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What do we need to change?:

Layout: In 2018, 93% of all minors were “Dependents” and only 7% were legitimately Independent with special circumstances. Our current layout (not shown) makes it too easy for a student who may not be reading the question closely to select the wrong option, which means the college has to follow up with the student by phone or other time-consuming method.

We propose swapping the two sections so that the Parent-Guardian Information input fields are on top, and the “I do not have a parent or guardian…” statement is shown as the exception. below the input fields.

Language: As cautioned by Immigrants Rising, the language in the current layout is not clear and ambiguous to minors. Further, the current layout doesn’t include any reassuring language that undocumented or nonresident students who meet the eligibility requirements can apply for nonresident tuition exemption through AB540/SB68. Adding this information, as well as acknowledging that their parents' data will be protected and not shared, will reassure the student with clear, non-threatening language. .

Meeting Discussion Notes:

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  • Self-Supporting Student

  • Two-Year Care & Control:

  • Residency for Minor

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Parent 

The father or mother with whom the minor resides; or, if both parents are deceased, the minor’s legal guardian.  Reference: EC 68014

"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. 

  • 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

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

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 Language from Ed Code: 68062:

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(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).

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From CCCApply Standard Application Data Dictionary v.2019.3)

Dependent of Parent/Guardian

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