Table B. Outline of Area B (Stay and Intent)

ASCCC Resolution Draft:

Issue:  The Academic Senate of the California Community Colleges (ASCCC)1, as well as members of the California Association of Community Colleges Admissions & Records Organization (CACCRAO)2, have submitted a resolution to the CCCCO calling for a revision to the CCCApply, the online admissions application to the California Community Colleges, to address the specific needs of non-credit student population, including ESL, Adult Education, Seniors, etc fill in.

Whereas, as part of the implementation of the Student Success and Support Program by the California Community Colleges Chancellor’s Office, noncredit students will be required to use CCCApply as a point of entry to the community college system; and,

Whereas, the complexity of the CCCApply standard application could present significant obstacles to enrollment into noncredit programs (such as Adult Basic Education, Adult Secondary Education, Short-term Vocational, Workforce Preparation, ESL, VESL, and Older Adults) due to students’ limited computer literacy and accessibility, language and literacy barriers, and a lack of clarity on the difference between the term “residency” and immigration status; and,

Whereas, the CCCApply standard application has the potential to exclude students from enrolling in noncredit courses which often serve as the first point of entry into college for immigrants, economically disadvantaged, and low-skilled adults;

Resolved, the Academic Senate for California Community Colleges supports the development of a modified CCCApply application for noncredit enrollment that identifies only the appropriate and required enrollment fields for community  college noncredit program entry, and includes a paper option; and,

What are the “appropriate and required enrollment fields for community college noncredit program entry?

To answer this question, the following state and system-wide legislation has been reviewed:

• Title 5 of the California Code of Regulations
• California Code of Education
  68000: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=68001-69000&file=68040-68044
  68070: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=68001-69000&file=68070-68085
• California Community Colleges Chancellor’s Office (CCCCO): Legal Advisories and Opinions,  Student Attendance Accounting Manual (SAAM)

The fields that are required to determine residency are:

• Legal Name
• Previous Name
• Birthdate
• Dependency Status
• Permanent Address
• Current Mailing Address
• Main Phone
• Enrollment Status
• High School Education Level
• High School Completion Date
• Higher Education Completion Date
• Graduated from California High School
• Attended California High School for 3 Years
• High School Attendance
• High School Country
• High School State
• High School Name
• College Enrollment Status
• College Degree Date
• College Country
• College State
• College Name
• College Attendance Began
• College Attendance Ended
• Citizenship Status
• Alien Registration Number
• Alien Registration Issue & Expiration Date
• Visa Type
• Visa Issue & Expiration Date
• Military Status
• Discharge Date
• Discharge Type
• State of Legal Residence
• Home of Record
• Home of Country
• Stationed in California
• Stationed in California for Ed Purposes
• California Residence for 2 Years
• Date Current Stay in California Stay Began
• Not Yet Arrived in California
• State College Employee
• Seasonal Agricultural Worker
• Public School Employee
• Foster Youth Status
• Homeless Youth*  (in Area B for Priority Registration)
• Declared Residency Outside California for Taxes
• Declared Residency Outside California for Taxes Year
• Voted Outside California
• Voted Outside California Year
• Residence for College Outside California
• Residence for College Outside California Year
• Lawsuit Outside California
• Lawsuit Outside California Year

The fields that are “required” per Federal and State legislative requirements are:

• SSN
• Gender
• Transgender
• Sexual Orientation
• Race / Ethnicity
• Are you Hispanic?
• Parent/Guardian Education Levels
• Dependency Status
• Parent/Guardian Name & Relationship

1. Resolved, the Academic Senate for California Community Colleges engages the Chancellor’s Office in a dialogue, with non credit faculty participation, regarding modification of the CCCApply standard application that reflects a commitment to promoting enrollment for students into noncredit programs.

Why must all students complete the CCCApply residency questionnaire?
According to Chapter 2 (2.05) of the Student Attendance Accounting Manual: “When a student does not answer all of the questions on the Residence Questionnaire or on the Supplemental Residence Questionnaire, if one is used, and residency cannot be determined, the student may be classified as a nonresident. Reference: T5 54012, 54026

Response:

1.  Each student enrolled or applying for admission to an institution shall provide the information and evidence of residence as deemed necessary by the governing board or district governing
   board, as appropriate, to determine his or her classification. An oath or affirmation may be required in connection with taking testimony necessary to ascertain a student's classification. The
   determination of a student's classification shall be made in accordance with this part and the residence determination date for the semester, quarter, or term for which the student proposes to attend an institution.

Residency in CCCApply

Residency Algorithm

Data Acquisition

Residency in SAAM Ch2

General

Residency determination shall be made for each student at the time applications for admission

are accepted, and whenever a student has not been in attendance for more than one semester

or quarter. For apportionment purposes, residency determination may be required on a course by-

course basis.

Reference: ECS 68040, 68044; T5 54000, 54002, 54010

Residence

That location with which a person is considered to have the most settled and permanent

connection; it is also the place where that person intends to remain, and, during absences,

intends to return. Residence results from the union of physical presence with objective evidence

that the intent is to remain at that place for other than a temporary purpose.

Reference: ECS 68062, T5 54020

Resident

A student who has established both physical presence and intent to make California the

permanent home (domicile), for more than one year pursuant to the Education Code

(commencing with Section 68060), as of the residence determination date. Reference: ECS 68017, ECS 68060

Nonresident

A student who has not established residence in California for one year as of the residence

determination date.Reference: ECS 68018

Nonresident Tuition

Except as otherwise provided in statute, a student classified as a nonresident shall be required to pay in addition to other fees required, a nonresident fee.

Note: A district may exempt a student who is a resident of another state from the mandatory fee requirement (or a reduced fee) under certain conditions, and the student may be considered a resident for apportionment purposes as prescribed under ECS 76140 subsections (i), (j), and (k). Reference: ECS 68050, ECS 76140

Residence Determination Date

That day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a College.  Reference: ECS 68023, T5 54002

Physical Presence

A person capable of establishing residence in California must be physically present for one year

prior to the residence determination date, excluding temporary absences for business, education

or pleasure. Reference: ECS 68018, T5 54022

GENERAL LAW

Criteria

To determine a person's place of residence, reference is made to the following statutory rules:

1. Every person has, in law, a residence.
2. Every person who is married or 18 years of age, or older, and not precluded from doing so, may establish residence.
3. In determining the place of residence the following rules are to be observed:
1. There can only be one residence.
2. A residence is the place where one remains when not called elsewhere for labor or other special or temporary purposes, and to which he or she returns in seasons of repose.
3. A residence cannot be lost until another is gained.
4. The residence can be changed only by the union of act and intent.
5. A man or a woman may establish his or her residence. A person's residence shall not be derived from that of his or her spouse. Many of the objective manifestations of the two may be shared, but each may have some evidence of intent that is not shared, which may indicate different residences.
6. 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 and a legal guardian has not been appointed. Note: The conditions in 3.f. apply unless the minor is precluded by the Immigration and Nationality Act from establishing residence in the United States.
7. 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, unless the student qualifies under the Self-Support or the Two-Year Care and Control exception. (See Self-Support, item 2, page 14, or Two Year Care and Control, item 6, page 15.)
8. An alien, including an unmarried minor alien, may establish his or her residence unless precluded by the Immigration and Nationality Act from establishing residence in the United States. (See subsection f., above.)
9. Physical presence within California solely for educational purposes does not allow a student to establish residence, regardless of the length of time present in the state.  Reference: ECS 68060, 68061, 68062; T5 54022, 54045

Residence Questionnaire and Supplemental Residence Questionnaire

When a student does not answer all of the questions on the Residence Questionnaire or on the Supplemental Residence Questionnaire, if one is used, and residency cannot be determined, the student may be classified as a nonresident. Reference: T5 54012, 54026

Evidence of Intent

1. Under the Education Code, the general rule is that a student must pay nonresident tuition unless the student can qualify as a resident student or meet the requirements of certain special provisions. Since the concept of residence involves subjective intent, this manual cannot anticipate every question that will arise in connection with determining whether such intent exists.  Reference: ECS 76140 [see exceptions in (i),(j), and (k)], T5 54020 No one factor is controlling, however, the institution may look for certain objective manifestations of subjective intent on the part of one asserting that residence status has been established, or has been maintained in spite of an absence from the state.
1. A student who is 19 years of age or older and maintained a home in California continuously for the last two years may be presumed to have the intent to make California the permanent home unless the student has evidenced contrary intent by having engaged in any of the activities listed in item 3., page 6.
2. A student who is under 19 years of age may be presumed to have intent to make California the permanent home if both the student and his of her parent maintained a home in California continuously for the last two years unless the student or parent has evidenced a contrary intent by having engaged in any of the activities listed in item 3., page 6.
3. A student who does not meet the requirements of subsection a. or b., above, shall be required to provide evidence of intent to make California the permanent home as specified in item 2., below.  Reference: T5 54024
2. Among acceptable evidence of intent to make California the student's permanent home are:
1. Ownership of residential property or continuous occupancy of rented or leased property in California.
2. Registering to vote, and voting in California.
3. Licensing from California for professional practice.
4. Carrying on of a business or employment in California.
5. Active resident membership in service or social clubs.
6. Presence of spouse and/or dependent children in the state.
7. Continuous presence in the state except for absences which can be explained without conflicting with establishment of residence.
8. Indicating a California address on California State and Federal income tax forms (i.e., W-2, 540, 1040...).
9. Payment of California personal income tax as a resident. (See Military Personnel, page 11).
10. Possessing California motor vehicle license plates. Payment of a vehicle license fee is not required of nonresident military personnel. (An exemption may be filed.) Thus, payment of the fee is some indication of intent to be a California resident.
11. Possessing California driver's license or a California Department of Motor Vehicles (DMV) identification card (Vehicle Code Sections 12502 and 12505 require a resident to obtain a California driver's license within 10 days from date residence is established.). For purposes of the DMV, residence is established when, after a move to California, a person rents, leases, or buys property in the state.
12. l. Maintaining a California address as the home of record in military records and on the Leave and Earnings Statement (LES) while in the armed forces. (See Military Personnel, pages 10-12.)
13. Maintaining active savings and checking accounts in California banks.
14. Petitioning for a divorce as a resident of California.
15. Possession of hunting or fishing license as a resident of California. Reference: T5 54024
3. Conduct inconsistent with a claim for California residence includes but is not limited to:
1. Maintaining voter registration and voting in another state.
2. Being a petitioner for a divorce or lawsuit as a resident in another state.
3. Attending an out-of-state institution as a resident of that state.
4. Declaring nonresidence for California income tax purposes. Reference: T5 54024; Voluntary Tax Assistant Program Guidelines of 1990, California Franchise Tax Board

Burden

The burden is on the student to demonstrate clearly, with proof, both physical presence in California and intent to establish California residence. Reference: ECS 68041, T5 54026

Residency in CCCApply

As a resident of California, you will be charged much lower enrollment fees than non-California residents. When you apply to a community college, there will be a number of questions the college will use to determine your state of residency. You should carefully read and answer all of the questions in the residency section of the application.

Per the California Education Code (ECS 68040, 68044; T5 54000, 54002, 54010), to be considered a California resident, you must have lived in California for at least one year and a day, and must provide proof of intent to become a permanent California resident.

Some examples of proof include having a California driver's license, voter registration, or car registration. The residency portion of your application will ask about these and other items. The college will determine your residency based on all of the information you provide. No single document is necessarily conclusive proof. If you are under 18 and unmarried, then the residence of the parent or guardian with whom you live or lived most recently will determine your residency.

If you are a non-U.S. citizen, you must provide evidence [such as an Alien Registration Receipt Card (I-551), an Arrival-Departure record (I-94), a visa or passport] of immigration status before your residence status can be determined.

If you are a member of the military, or former member of the Armed Forces of the United States, with residence in another state, you may be granted resident status (for enrollment fee purposes) and have nonresident tuition waived. Please see the Veterans Services representative at a community college for additional information.

Each college term has a specific residency determination date. If your actions to establish residency occurred less than a year prior to the residency determination date, you will not be eligible for resident enrollment fees. Remember, if you have any questions about residency issues contact the campus staff responsible for residency determination.

State, Federal & Systemwide Regulations in CCCApply?

• Gender (AB620)
• Social Security Number (Federal IRS)
• Legal Name
• Date of Birth (Minor
• Under Care & Control of a Parent or Guardian

Age of Majority

Eighteen years of age or older. Reference: Civil Code Section 25.1

Parent

The father or mother with whom the minor resides; or, if both parents are deceased, his or her legal guardian. Reference: ECS 68014

International Student

An international student is a citizen of a foreign country, or a resident of a foreign country, or both.  Reference: ECS 76140

Derived Residence, Special Applications

Because of the language of Education Code, Section 68O62(f) which gives to a minor the residence of the parent, the following rules apply:

1. Where the residence of the student is derived, the California residence of the person or persons from whom it is derived must satisfy the one year waiting period requirement.
2. A minor adopted by a California resident who has been a resident for one year immediately prior to the residence determination date, immediately takes that resident status. No waiting period applies.
3. A minor child of permanently separated parents takes the resident status of the parent with whom he or she lives, without any waiting period applying. If the minor lives alone, he or she takes the resident status of the parent with whom he or she last lived. (See Minor Aliens, item 7, page 25.)  Reference: ECS 68062(f),(h),(i)

Deceased Parents

1. When both parents are deceased, and no legal guardian has been appointed, a minor may establish his or her own residence. Until the minor does so, his or her residence remains that of the last parent to die. The one year waiting period runs from the date of arrival or one year from the date of the parent's death. If the residence of the last parent to die was California, the minor's derived residence may be tacked to the newly established residence.
2. If a guardian is appointed for a minor any time after the death of the minor's parents, the minor takes the residence of the guardian. If that be California, the one year waiting period runs from the date of appointment, subject to applicable tacking. (See Tacking, page 13.) Reference: ECS 68014, 68062

Parents of Minor Move to California

If the parents of a minor move to California leaving the minor behind, the minor takes the parent's California resident status when acquired. If the minor remains outside California after reaching the age of majority and then comes to California, the minor is to be treated the same as a person possessing California residence who had left California and then returned. The minor should be screened with the objective of determining if he or she had acquired out-of-state residence. One factor to be checked in such a screening would be whether the minor had attended an out-of-state educational institution where resident status for tuition purposes had been granted or denied. (The minor may be eligible for an exception to prior law. See: Adult Dependent Child of California Resident, page 17.) Reference: ECS 68061, 68062, 68076

Reestablished Residence

If a student or the parents of a minor student relinquish California residence after moving from California, one full year of physical presence, coupled with one full year of demonstrated intent to be a California resident, is required to re-establish residence.  Reference: T5 54030

Financial Independence

1. A student seeking reclassification as a resident, who was classified as a nonresident in the preceding term, shall be determined financially independent or dependent in accordance with Education Code, Section 68044.
2. Financial dependence in the current or preceding calendar year shall weigh more heavily against California residence than shall financial dependence in earlier calendar years.
3. A student who has established financial independence may be reclassified as a resident if the student has met the requirement that there be a union of act and intent as defined in Title 5, Section 54020.
4. Financial independence is only one of the factors to be considered in reclassification to resident and should be balanced against other factors, such as the passage of time, the parents' residence, and the student's intent to establish residence elsewhere. The ultimate question is whether the student has demonstrated intent to become a California resident. The regulations would permit a college to disregard a finding of financial dependence where the parent on whom the student is dependent is a California resident or where there is no evidence of intent to establish residence in another state; however, since financial status is only one factor to be considered, a college may still wish to require some affirmative showing of intent to become a California resident.  Reference: ECS 68044, T5 54020, 54032

Parent & Guardian Education Levels

Race & Ethnicity

To conform with the guidelines of the federal government [ find out ], the California Community Colleges must collect detailed information from students about their ethnic and racial backgrounds, however students are not required to provide the information. CCCApply requires students to answer the question, “Are you hispanic?” however, one of the responses is collects this information on the Personal Information page and the questions are  This information is not used to determine admission eligibility.

The information is presented in CCCApply

Foster Youth (AB12

Citizenship

Admission Eligibility

Enrollment While in High School

Privacy Policies

CCCApply Steering Committee

Governance of CCCApply

Institution

Any university or college of the California State University and Colleges, the University of

California, or any California Community College. Reference: ECS 68011

State Agency

Every office, department, division, bureau, board or commission of the state of California. Reference: ECS 69620
(CCC Tech Center is a state agency; CCCApply is a project of a state agency.)

Current Issues

• CCCApply Image Perception

• Non-Credit Students

ISSUE: [Replace this text] Changes are proposed to amend California Code of Regulations, title 5, section 58108, to implement statutory changes affecting students eligible for priority enrollment and to conform these regulations to the financial assistance award regulations by permitting foster youth to retain their eligibility for priority enrollment regardless of their academic standing.

BACKGROUND:  [Replace this text] Consistent with Student Success Task Force recommendation 3.1, the Board of Governors adopted regulations during their September 2012 meeting, requiring districts that implement a priority enrollment system to comply with specified requirements in that system. Those regulations required districts to provide highest level priority in the enrollment system to specified students as required by statute. All students were subject to loss of registration priority if placed on academic or progress probation for a prescribed time or exceeded a unit limit.

RECOMMENDATION:  [Replace this text]  It is recommended that the Board of Governors adopt the following Resolution.

California Residents

Admission to any of California's 113 community colleges is simple. You will be admitted to the community college of your choice if you meet at least one of the following conditions:

• You are 18 years of age or older, with or without a high school diploma
• You are a high school graduate
• You have the equivalent of a high school diploma

Nonresidents

Every California community college admits students who are non-California residents. The policies on admitting non residents vary from college to college. At many colleges, California residents have enrollment and registration priority. Nonresident students in all colleges are charged tuition based on the actual cost of instruction. Nonresident students will pay about $255 per semester unit over and above the resident registration fees. Actual nonresident fees vary from college to college.

If you have been physically present in California for at least a year and a day with the intent to make California your residence, and you have taken actions to establish California residency, you may be eligible for resident fee status at a California community college. Check with your college for more details.

More Information

Enrollment while in high school

CACCRAO

Regions 3 and 4 will hold our Regional Workshop scheduled for Friday, October 28th at the beautiful College of San Mateo (home to the famous COW and extremely genteel host, Henry Villareal!).  We will have Michael Quiaoit from the Chancellor’s Office share all the hot off the press news from up top, and the world renowned Customer Service Guru, Efren Galvan will be in the house.  The top notch A&R team at CCSF, lead by none other than Wil Wu will present all things related to residency, including DACA, VACA and Mo Rocca (extra points for those who know who that is).

We are in need of presenters to join us to speak on the remaining topics:

1.       Loss of BOG—How’s it working, best practices, issues
2.      Non Credit Growth and Grading—the wave of the future?
3.      Dual/Concurrent Enrollment—processes, policies, popularity

SB 150: Community college districts are permitted to exempt nonresident special part-time students from the requirement to pay nonresident tuition for community college credit courses. The term “special part-time student” refers to students who have been recommended by the principal of the pupil’s school and have parental permission to attend a community college during any session or term and who enroll in 11.99 or fewer units per semester, or the quarter equivalent, in accordance with Education Code section 76001.  The exemption does not apply to special full-time students.

Districts that elect to provide this exemption should develop, adopt, and publish a policy for consistently granting the exemption.  As it relates to the development of the local policy, it is our belief that this exemption is not intended to apply to categories of students who would be precluded from qualifying for the AB 540 nonresident tuition exemption; i.e., a) students who actually reside outside of California and enroll via Distance Education and b) students on most nonimmigrant visas.  There is an exception for “T” and “U” nonimmigrant visa holders who were recently made eligible for the AB 540 nonresident tuition exemption under Education Code Section 68122, so a district policy could permit students holding either of these two nonimmigrant visa types to also qualify for this new non-resident tuition exemption.

It is important to note that this exemption does not authorize districts to claim apportionment funding for nonresident special part-time students who are exempted from nonresident tuition under this provision.

A student receiving a nonresident tuition exemption under SB 150 does not receive resident status for the purpose of fees or financial aid.  Rather they are exempt from nonresident tuition fees under this law. These students do not qualify for the BOG Fee Waiver or any other financial aid. However, please note that districts are permitted to exempt special part-time students, including those that have nonresident status, from the per unit enrollment fee pursuant to Education Code Section 76300(f).

The question I received is the following:

Student and family just moved to CA and mom is homeschooling student.  They have submitted a Concurrent Enrollment Permit and a private school affidavit, but because their homeschooling is not affiliated with a school the student has no transcript to submit for SB150.  In this circumstance, can we accept the Concurrent as proof of enrollment, or can the mom create a transcript, or…?

What are your thoughts?

I GREATLY appreciate your input!

Quotes from faculty, staff, and CCCCO administrators:

<<I agree that it would be helpful and we've discussed such an application at our college.  However, a significant number of questions on the current application have to do with determining residency.  Residency plays a critical role in determining 320 attendance accounting. Removing those questions in order to streamline the application forces us to treat the student as non-resident.

If a primary goal of noncredit education is to transition students into credit programs, then you've simply moved the barrier down the road a bit.  Noncredit students must reapply in order to take that credit class or two. One could argue, however, that getting the noncredit student in the door is still preferable even if they would have to reapply prior to entering a credit program.

As far as minimum information needed, I would anticipate that all of the pages except the residency page would still be needed unless the Chancellor's Office reduced its requirements for SB (Student Basic Data Elements) reporting.  Many of the SB reporting elements are located in the Education, Citizenship/Military, and Personal Information pages. Without the ability to optionally report some of the SB elements, there's not much one can do to streamline the application.

Eric McDonald

Sr. Programmer/Analyst

Cuesta College>>

<<Below is a response from Elias Regalado from the Fiscal Standards & Accountability Office at the Chancellor's Office regarding the issue of residency classification for non-credit students applying to the California Community Colleges. The CCCApply Steering Committee has considered a special version of the Standard application for the non-credit student population in the past, however based on the feedback received from the Chancellor's Office in the past - andincluding this response from Elias below - it has not been feasible for the Tech Center to build an additional admissions application specifically for this population at this time.

<< From Elias Regalado, CCCCO - July 11, 2016 >>

Hi Patricia,

The law (Education Code Section 68040 and Title 5 Section 54010) says that all students are to be assessed for residency classification status and prescribes uniform provisions for doing so, regardless of whether they are exclusively enrolling in noncredit courses or are part of any other subgroup of students. So, any aspect or question of a residency questionnaire (including via CCCApply) that is in place to help assess that residency classification must be uniformly applied to all students at the time applications for admission are accepted. [Note: This same principle of uniform residence classification was affirmed as part of the admission of inmate students, where Legal Opinion O 06-07 indicates that “A student is not precluded from establishing residency simply by virtue of his or her status as a prison inmate. For purposes of determining residency, the same standards and procedures for all students should be applied to prison inmates.” (emphasis added)].

Beyond the uniform questions and information needed to determine resident status, it may be that other unrelated questions, may be omitted from a modified residency questionnaire being prepared for noncredit-only students. As long as the district still collects all of the uniform information necessary for an accurate residency classification, along with any information normally required for Chancellor's Office MIS reporting purposes or other necessary purposes, including possibly for federal reporting purposes, we have previously said that there may be some latitude in the development of these modified residency questionnaires/admission applications. However, the risk in creating modified admission/residency forms/questionnaires (including via CCCApply) is that you may inadvertently remove something that is necessary for some unanticipated purpose that is required or necessary for an important purpose, so I would strongly recommend using the same admission form and residency questionnaire used by all students, with the understanding that some items may not be answered or be applicable because of a student’s current noncredit-only admission/enrollment status.

Please consult with members of the CCCApply residency subcommittee and in our office (Academic Affairs/Student Services/etc.) about this matter to avoid any unanticipated consequences, including consulting with our MIS Division on required MIS student data elements. I’ve copied others in the agency in case they would also like to provide direct feedback to you on this very important question. Thanks for contacting me on this.

Elias Regalado, Director

Fiscal Standards and Accountability Unit

College Finance and Facilities Planning Division

California Community Colleges Chancellor’s Office

Phone: 916.445.1165 | fax: 916.323-3057 | E-mail: eregalad@cccco.edu

MILITARY PERSONNEL

1. General Rule
   1. There is no requirement for the military person to establish residence; however, the student must be on active duty assigned to California as of the residence determination date.
   2. If the military person becomes separated from the military service, he or she would be required to provide evidence of intent to establish California residence for a minimum of one year prior to the residence determination date. (See Soldiers' and Sailors' Civil Relief Act of 1940, Item 2, below.)
   3. A student who was a member of the military stationed in California on active duty for more than one year immediately prior to being separated from the military is entitled to resident classification for up to one year for the time he or she resides in California. This one-year waiver after the military person's discharge allows the time necessary to establish residence. After the one-year waiver, the student would provide evidence as to his or her California residence.
1. Active members of the military who are present in California under military orders, except those assigned to California for educational purposes, are exempt from nonresident tuition for the duration of their enrollment at a community college.
2. Dependents of Military Personnel (See Dependents of Military Personnel, page 16.)) Reference: ECS 68074, 68075, 68075.1; T5 54041, 54042
2. Soldiers' and Sailors' Civil Relief Act of 1940 For purposes of providing evidence as to the discharged military person's intent for California residence, in addition to the objective manifestations asked of other students, there would be the necessity for further information as to intent, i.e., including the changing of the home of record in military records, changing the permanent home address in military records, not taking advantage of the exemption from payment of California income tax and/or personal property taxes contained in the Soldiers' and Sailors' Civil Relief Act of 1940.
   1. Military person's home upon being commissioned, reinstated, appointed, reappointed, enlisted, reenlisted, inducted, or ordered into active duty.
   2. It may be changed only at the time one of the above events occurs, although it is subject to correction at any time for bona fide error.
   3. A Change in home of record to California is persuasive evidence of an intent to become a California resident, if coupled with military legal residence being California (DD 2058). Similarly, the occurrence of changing the legal residence to that of another state is persuasive evidence that the military person does not intend domicile in California.
   4. Less persuasive, but still evidence to be considered, is a listing of California as a "permanent home address" in military records. This can be done during the interim between occurrences of the above listed events. However, once one of those events occurs, failure to change the home of record eliminates the "permanent home address" as an item of proof of intent to be considered. In fact, as just noted, such failure is persuasive evidence of a lack of intent to establish California as the state of residence.
   1. Personal income from military service is exempt from state income tax levied by a state of which a military person is not a resident (Soldiers and Sailors' Civil Relief Act of 1940). Thus, if a military person pays income tax on his military income to the State of California, such payment would tend to indicate he or she considered himself or herself a resident of California at the time the payment was made.
   2. Credit is allowed against California income tax for taxes paid by military persons to other states (Rev. and Tax. Code Section 17067) by one temporarily out of the state, as for example, a California resident in military service stationed in another state.
   1. For the purposes of taxation in respect of any person, or of his personal property, income, or gross income, by any State, Territory, possession, or political subdivision of any of the foregoing, or by the District of Columbia, such person shall not be deemed to have lost a residence or domicile in any State, Territory, possession, or political subdivision of any of the foregoing, or in the District of Columbia, solely by reason of being absent therefrom in compliance with military or naval orders, or to have acquired residence or domicile in, or to have become resident in or a resident of, any other State, Territory, possession, or political subdivision of any of the foregoing, or the District of Columbia, while, and solely by reason of being, so absent. For the purposes of taxation in respect of the personal property, income or gross income of any such person by any State, Territory, possession, or political subdivision of any of the foregoing, or the District of Columbia, of which such person is not a resident or in which he is not domiciled, compensation for military or naval service shall not be deemed income for services performed within, or from sources within, such State, Territory, possession, political subdivision, or District of Columbia, and personal property shall not be deemed to be located or present in or to have a situs for taxation in such State, Territory, possession, or political subdivision, or District of Columbia. Where the owner of personal property is absent from his residence or domicile solely by reason of compliance with military or naval orders, this section applies with respect to personal property, or the use thereof, within any tax jurisdiction other than such place of residence or domicile, regardless of where the owner may be serving in compliance with such orders: Provided, that nothing contained in this section shall prevent taxation by any State, Territory, possession, or political subdivision of any of the foregoing, or the District of Columbia in respect of personal property used in or arising from a trade or business, if it otherwise has jurisdiction...." (Emphasis added).
1. Home of Record and Permanent Home Address. A military "home of record" is a historical fact. It is the place recorded on official military documents as the:
2. Income Tax
3. Personal Property Tax. Payment of personal property tax is required of all persons having personal property in the State of California on the assessment date, with the exception of nonresident military personnel. The latter are given immunity to personal property tax by the Soldiers' and Sailors' Civil Relief Act of 1940. That Act, in pertinent part, provides:
3. Active Military Who are Residents of California
1. Active military who are residents of California stationed in California are required to pay California income tax on their military or other income sources.
2. Active military who are residents of California stationed outside the state are not required to pay California income taxes on their military income. However, military persons are required to pay income taxes on all other income sources.
3. If the military person has been out of California for any length of time and has not paid income taxes, to determine whether California residence has been maintained, evidence would be "home of record" in military documents, and/or the Leave and Earnings Statement (LES). The LES indicates the military person's home of record, and if it indicates California, the military person is "subject" to California taxes.Source: Voluntary Tax Assistant Program Guidelines of 1990 and Legal Ruling Number 300, 1965, California Franchise Tax Board
4. Entry into Service After Establishing California Residence but Before Having that Residence for a Full Year A person who moves to California with the intention of establishing residence here, and who enters the military service before a year has elapsed, may still be classified as a California resident if he or she has, at the residence determination date, otherwise met the durational requirement, and has not in the interim, established residency elsewhere. In other words, if he or she arrived in California with intent to establish residence in this state, subsequent absences will not preclude the residence-for-a-year from being realized, if he or she did not establish residence elsewhere during the absence. Reference: ECS 68074, 68075; T5 54022, 54028

Tacking

1. The term "tacking" refers to the process of adding one period of resident student qualification to another so as to satisfy the one year waiting period requirement.
2. Tacking is utilized in the following cases:
1. Adding the immediate pre-majority derived California residence to the postmajority residence to satisfy the durational requirement.
2. Shifting derivative residence, as when the derivation shifts from a father, who dies, to the mother.
3. Shift in residence of a minor from deceased parents to a legal guardian, or none appointed, to minor's own elected residence.  Reference: ECS 68072