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(continued)
Note: Authority cited: Sections 66700, 70901, 87001, 87356 and 87359, Education Code. Reference: Sections 87001, 87002, 87003, 87356 and 87359, Education Code.
s 53401. Applicability to Community Services and Contract Classes.
Community service or contract classes which do not award college credit and are not supported by state apportionment are not subject to the provisions of this Subchapter. Contract classes which award college credit are subject to this Subchapter, even if they are not supported by state apportionment.
Note: Authority cited: Sections 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 78020 through 78023 and 78300, Education Code.
s 53402. Definitions.
(a) "Administrator" means any person employed by the governing board of a district in a supervisory or management position as defined in Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code.
(b) "Educational administrator" means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators.
(c) "Faculty" or "faculty member" means those employees of a district who are employed in academic positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code and for which minimum qualifications for service are specified in Section 53410-53414 or other provisions of this division. Faculty include, but are not limited to, instructors, librarians, counselors, community college health service professionals, disabled student programs and services professionals, extended opportunity programs and services professionals, and individuals employed to perform a service that, before July 1, 1990, required nonsupervisorial, nonmanagement community college certification qualifications.
Note: Authority cited: Sections 66700, 70901 and 87001, Education Code. Reference: Sections 87001, 87002 and 87003, Education Code.
s 53403. Applicability of Amendments.
Notwithstanding changes that may be made to the minimum qualifications established in this division, or to the implementing discipline lists adopted by the Board of Governors, the governing board of a community college district may continue to employ a person to teach in a discipline or render a service subject to minimum qualifications, if he or she, at the time of initial hire by the district, was qualified to teach in that discipline or render that service under the minimum qualifications or disciplines lists then in effect.
Note: Authority cited: Sections 70901(b)(1)(B) and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
s 53404. Definition of Experience.
Where years of professional or occupational experience are referred to in this Subchapter, the requirement is for the stated number of years of full-time experience or the equivalent in part-time experience. Unpaid experience may be counted if it entailed responsibilities substantially similar to those of relevant paid positions in the field. Applicants bear the responsibility for verifying all experience by documentation satisfactory to the districts.
As used in this Subchapter, "professional experience" includes teaching experience. "Occupational experience" does not include teaching experience.
As used in this Section, "year" means that period of time which in that occupation is accepted by contract or general agreement as a regular work year for that occupation on a full-time basis.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
s 53405. Certificated Employees.
Whenever in this Division, reference is made to "certificated employees" or to employees in "positions with certification qualifications," where such references are to certificates or credentials issued by the Board of Governors, these references are deemed to also apply to persons employed by districts pursuant to minimum qualifications established pursuant to Subchapter 4 of this Division.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 53406. Requirement for Accredited Degrees and Units; Definition of Accredited Institution.
All degrees and units used to satisfy minimum qualifications shall be from accredited institutions, unless otherwise specified in this Article.
For purposes of this Subchapter, "accredited institution" shall mean a postsecondary institution accredited by an accreditation agency recognized by either the U.S. Department of Education or the Council on Postsecondary Accreditation. It shall not mean an institution "approved" by the California Department of Education or by the California Council for Private Postsecondary and Vocational Education.
Determination of equivalency of foreign degrees shall be according to district rule.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
s 53407. Disciplines Lists.
(a) The Board of Governors hereby adopts and incorporates by reference into this provision the two lists published by the Chancellor's Office, entitled "Disciplines Requiring the Master's Degree" and "Disciplines in which the Master's Degree is not Generally Expected or Available," as adopted by the Board at its September 2005 meeting, for the following purposes:
(1) to establish a working definition of the term "discipline" as used in section 53410;
(2) to define which disciplines are "reasonably related" to one another, for purposes of section 53410;
(3) to define disciplines in which the master's degree is not generally expected or available, as opposed to those for which the master's degree is required, for purposes of section 53410.
(b) Revisions after September 2005 to the two lists referenced in subdivision (a) shall be considered incorporated by reference into this provision when they have been adopted by the Board.
Note: Authority cited: Sections 70901, 87356 and 87357, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code.
s 53410. Minimum Qualifications for Instructors of Credit Courses, Counselors, and Librarians.
The minimum qualifications for service as a community college faculty member teaching any credit course, or as a counselor or librarian, shall be satisfied by meeting any one of the following requirements:
(a) Possession of a master's degree, or equivalent foreign degree, in the discipline of the faculty member's assignment.
(b) Possession of a master's degree, or equivalent foreign degree, in a discipline reasonably related to the faculty member's assignment and possession of a bachelor's degree, or equivalent foreign degree, in the discipline of the faculty member's assignment.
(c) For faculty assigned to teach courses in disciplines where the master's degree is not generally expected or available, which are, generally, disciplines in specialized technical, trade, or industrial fields, either of the following:
(1) Possession of a bachelor's degree, or equivalent foreign degree, plus two years of professional experience directly related to the faculty member's assignment; or
(2) Possession of an associate degree, or equivalent foreign degree, plus six years of professional experience directly related to the faculty member's assignment.
Note: Authority cited: Sections 66700, 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87003, and 87356, Education Code.
s 53410.1. Professional License As Alternative Qualification.
For disciplines specified in this section, a bachelor's degree in the discipline of the assignment plus a professional license or certification may be substituted for the minimum qualifications specified in section 53410. The license or certification so substituted must be valid in California. The following professional licenses and certifications are acceptable:
Discipline License or Certification
Accounting Certified Public Accountant
Counseling Marriage and Family Therapist
Engineering Professional Engineer
Nutritional Science/Dietetics Registered Dietitian
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
s 53411. Minimum Qualifications for Health Services Professionals.
(a) The minimum qualifications for a health services professional with overall responsibility for developing and directing student health services shall be a valid, current California license as a registered nurse, and either of the following:
(1) a master's degree in nursing and a California Public Health Nurse certificate; or
(2) a bachelor's degree in nursing, a California Public Health Nurse certificate, and a master's degree in health education, sociology, psychology, counseling, health care administration, public health, or community health.
(b) Other health services personnel shall not be subject to statewide minimum qualfications; however, all personnel shall possess appropriate valid, current licensure or certification to practice in California when required by law. Ancillary personnel shall work under appropriate supervision when required by their license laws.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87003 and 87356, Education Code.
s 53412. Minimum Qualifications for Instructors of Noncredit Courses.
Except as provided elsewhere in this article, the minimum qualifications for service as a faculty member teaching a noncredit course shall be the same as the minimum qualifications for credit instruction in the appropriate discipline, or as follows:
(a) For an interdisciplinary noncredit basic skills course, a bachelor's in any social science, humanities, mathematics, or natural science discipline or in liberal studies, as appropriate for the course.
(b) For a noncredit basic skills course in mathematics, a bachelor's in mathematics.
(c) For a noncredit basic skills course in reading and/or writing, either: a bachelor's degree in English, literature, comparative literature, composition, linguistics, speech, creative writing, or journalism; or a bachelor's degree in any discipline and twelve semester units of coursework in teaching reading.
(d) For a noncredit course in citizenship, a bachelor's degree in any discipline, and six semester units in American history and institutions.
(e) For a noncredit course in English as a second language (ESL), any one of the following:
(1) A bachelor's degree in teaching English as a second language, or teaching English to speakers of other languages.
(2) A bachelor's degree in education, English, linguistics, applied linguistics, any foreign language, composition, bilingual/bicultural studies, reading, or speech; and a certificate in teaching English as a second language, which may be completed concurrently during the first year of employment as a noncredit instructor.
(3) A bachelor's degree with any of the majors specified in subparagraph (2) above; and one year of experience teaching ESL in an accredited institution; and a certificate in teaching English as a second language, which may be completed concurrently during the first two years of employment as a noncredit instructor.
(4) Possession of a full-time, clear California Designated Subjects Adult Education Teaching Credential authorizing instruction in ESL.
(f) For a noncredit course in health and safety, a bachelor's degree in health science, health education, biology, nursing, dietetics, or nutrition; or an associate degree in any of those subjects, and four years of professional experience related to the subject of the course taught.
(g) For a noncredit course in home economics, a bachelor's degree in home economics, life management, family and consumer studies, dietetics, food management, interior design, or clothing and textiles; or an associated degree in any of those subjects, and four years of professional experience related to the subject of the course taught.
(h) For a noncredit course intended for older adults, either pattern (1) or pattern (2) following:
(1) A bachelor's degree with a major related to the subject of the course taught; and either (A) or (B) below:
(A) Thirty hours or two semester units of course work or class work in understanding the needs of the older adult, taken at an accredited institution of higher education or approved by the district. This requirement may be completed concurrently during the first year of employment as a noncredit instructor.
(B) One year of professional experience working with older adults.
(2) An associate degree with a major related to the subject of the course taught; and two years of occupational experience related to the subject of the course taught; and sixty hours or four semester units of coursework or classwork in understanding the needs of the older adult, taken at an accredited institution of higher education or approved by the district. This last requirement may be completed concurrently during the first year of employment as a noncredit instructor.
(i) For a noncredit course in parent education, a bachelor's degree in child development, early childhood education, human development, family and consumer studies with a specialization in child development or early childhood education, educational psychology with a specialization in child development, elementary education, psychology, or family life studies; and two years of professional experience in early childhood programs or parenting education.
(j) For a short-term noncredit vocational course, any one of the following:
(1) A bachelor's degree; and two years of occupational experience related to the subject of the course taught.
(2) An associate degree; and six years of occupational experience related to the subject of the course taught.
(3) Possession of a full-time, clear California Designated Subjects Adult Education Teaching Credential authorizing instruction in the subject matter.
(4) For courses in an occupation for which the district offers or has offered apprenticeship instruction, the minimum qualifications for noncredit apprenticeship instructors in that occupation, as specified in Section 53413.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
s 53413. Minimum Qualifications for Apprenticeship Instructors.
(a) The minimum qualifications for service as a community college faculty member teaching credit apprenticeship courses shall be satisfied by meeting one of the following two requirements:
(1) Possession of an associate degree, plus four years of occupational experience in the subject matter area to be taught; or
(2) Six years of occupational experience, a journeyman's certificate in the subject matter area to be taught, and completion of at least eighteen (18) semester units of degree applicable college level course work, in addition to apprenticeship credits.
(b) The minimum qualifications for service as a community college faculty member teaching noncredit apprenticeship courses shall be either of the following:
(1) The minimum qualifications for credit apprenticeship instruction as set forth in this section, or
(2) A high school diploma; and six years of occupational experience in the occupation to be taught, including at least two years at the journeyman level; and sixty clock hours or four semester units in materials, methods, and evaluation of instruction. This last requirement may be satisfied concurrently during the first year of employment as an apprenticeship instructor.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B), 87356 and 87357, Education Code.
s 53414. Minimum Qualifications for Disabled Students Programs and Services Employees.
(a) The minimum qualifications for service as a community college counselor of students with disabilities shall be satisfied by meeting one of the following requirements;
(1) Possession of a master's degree, or equivalent foreign degree, in rehabilitation counseling, or
(2) Possession of a master's degree, or equivalent foreign degree, in special education, and twenty four or more semester units in upper division or graduate level course work in counseling, guidance, student personnel, psychology, or social work; or
(3) A master's degree in counseling, guidance, student personnel, psychology, career development, or social welfare; and either twelve or more semester units in upper division or graduate level course work specifically in counseling or rehabilitation of individuals with disabilities, or two years of full-time experience, or the equivalent, in one or more of the following;
(A) Counseling or guidance for students with disabilities; or
(B) Counseling and/or guidance in industry, government, public agencies, military or private social welfare organizations in which the responsibilities of the position were predominantly or exclusively for persons with disabilities.
(b) The minimum requirements for service as a community college faculty member teaching a credit course in adapted physical education shall be the minimum qualifications for an instructor of credit physical education, and fifteen semester units of upper division or graduate study in adapted physical education.
(c) The minimum requirements for service to work with students with speech and language disabilities shall be satisfied by meeting the following requirements:
(1) Possession of a master's degree, or equivalent foreign degree, in speech pathology and audiology, or in communication disorders; and
(2) Licensure or eligibility for licensure as a speech pathologist or audiologist by the Medical Board of California.
(d) Except as provided in Subsections (a) through (c) above, the minimum requirements for service as a community college faculty member to provide credit specialized instruction for students with disabilities shall be satisfied by meeting the following requirements:
(1) Possession of a master's degree, or equivalent foreign degree, in the category of disability, special education, education, psychology, educational psychology, or rehabilitation counseling; and
(2) Fifteen semester units of upper division or graduate study in the area of disability, to include, but not be limited to:
(A) Learning disabilities;
(B) Developmental disabilities;
(C) Deaf and hearing impaired;
(D) Physical disabilities; or
(E) Adapted computer technology.
(e) The minimum qualifications for service as a faculty member to provide noncredit specialized instruction for students with disabilities shall be any one of the following:
(1) The minimum qualifications for providing credit specialized instruction for students with disabilities as specified in this section.
(2) A bachelor's degree with any of the following majors: education of students with specific or multiple disabilities; special education; psychology; physical education with an emphasis in adaptive physical education; communicative disorders; rehabilitation; computer-based education; other computer-related majors which include course work on adapted or assistive computer technology for students with disabilities; other majors related to providing specialized instruction or services to persons with disabilities.
(3) An associate degree with one of the majors specified in subparagraph (2) above; and four years of experience providing specialized instruction or services to persons in the disability category or categories being served.
(4) For noncredit vocational courses, an associate degree or certificate of training; and four years of occupational experience related to the subject of the course taught; and two years of experience providing specialized instruction or services to persons in the disability category being served.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901(b)(1)(B) and 87356, Education Code.
s 53415. Minimum Qualifications for Learning Assistance or Learning Skills Coordinators or Instructors, and Tutoring Coordinators.
The minimum qualifications for service as a learning assistance or learning skills coordinator or instructor, or tutoring coordinator, shall be either (a) or (b) below:
(a) the minimum qualifications to teach any master's level discipline in which learning assistance or tutoring is provided at the college where the coordinator is employed; or
(b) a master's degree in education, educational psychology, or instructional psychology, or other master's degree with emphasis in adult learning theory.
Minimum qualifications do not apply to tutoring or learning assistance for which no apportionment is claimed.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code.
s 53416. Minimum Qualifications for Work Experience Instructors or Coordinators.
The minimum qualifications for an instructor or coordinator of general or occupational work experience education, as defined in Section 55252, shall be the minimum qualifications in any discipline in which work experience may be provided at the college where the instructor or coordinator is employed.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code.
s 53417. Licensed or Certificated Occupations.
In addition to other minimum qualifications specified in this article, the minimum qualifications for a faculty member teaching any credit or noncredit course shall include a current, valid certificate to work or a license to practice in California, whenever the instructor's possession of such a certificate or license is required for program or course approval, or when current occupational certification is essential for effective instruction, as determined through local hiring procedures.
Note: Authority cited: Sections 70901 and 87356, Education Code. Reference: Sections 70901 and 87356, Education Code.
s 53420. Minimum Qualifications for Educational Administrators.
The minimum qualifications for service as an educational administrator shall be both of the following:
(a) Possession of a master's degree; and
(b) One year of formal training, internship, or leadership experience reasonably related to the administrator's administrative assignment.
Note: Authority cited: Sections 66700, 70901 and 87356, Education Code. Reference: Sections 87002 and 87356, Education Code.
s 53430. Equivalencies.
(a) No one may be hired to serve as a community college faculty or educational administrator unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in this Article or elsewhere in this Division. The criteria used by the governing board in making the determination shall be reflected in the governing board's action employing the individual.
(b) The process, as well as criteria and standards by which the governing board reaches its determinations regarding faculty, shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that each individual faculty employed under the authority granted by this Section possesses qualifications that are at least equivalent to the applicable minimum qualifications specified in this Division.
(c) The process shall further require that the academic senate be provided with an opportunity to present its views to the governing board before the governing board makes a determination; and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Education Code Section 87358.
(d) Until a joint agreement is reached and approved pursuant to Subdivision (b), the district shall be bound by the minimum qualifications set forth in this Subchapter.
Note: Authority cited: Sections 66700, 70901 and 87359, Education Code. Reference: Section 87359, Education Code.
s 53500. General Authority.
The governing board of any community college district may establish a faculty internship program pursuant to the provisions of this Subchapter and Section 87487 of the Education Code. In accordance therewith, governing boards may employ, as faculty interns within the program, graduate students enrolled in the California State University, the University of California, or any other accredited institution of higher education subject to Chapter 3 (commencing with Section 94300) of Part 59 of the Education Code or in vocational and technical fields where a master's degree is not generally expected or available, persons who are within one year of meeting the regular faculty minimum qualifications. Persons who meet the regular faculty minimum qualifications but who lack teaching experience may also be included in internship programs authorized by this Section to the extent authorized by the local governing board. A student employed as a faculty intern shall be employed as a temporary faculty member under Section 87482.5 of the Education Code, and shall meet the minimum qualifications specified in Section 53502.
For purposes of this Subchapter, the term "faculty intern" does not include any person, no matter how designated, who only assists in a class taught by a regularly qualified faculty member, and who has no independent responsibility for instruction or supervision of students. Such a person may be termed an "intern," and may serve as a volunteer or receive a stipend according to policies established by the district.
Note: Authority cited: Sections 70901 and 87487, Education Code. Reference: Section 87487, Education Code.
s 53501. Purposes.
The purposes of the faculty internship program shall include, but not be limited to, the following:
(a) To enhance the recruitment of qualified persons pursuing the master's or doctoral degrees, or both, into faculty positions in community colleges in California, particularly for disciplines for which recruitment is difficult and for disciplines in which a shortage of qualified faculty is anticipated. In order to accomplish this purpose, the internship program shall serve to introduce graduate students, before they approach the end of their graduate studies, to the community college environment and student population.
(b) To enhance the recruitment of qualified persons pursuing an associate degree into faculty positions in community colleges in California, particularly for disciplines for which current industry experience is important and disciplines for which recruitment is difficult and in which a shortage of faculty is anticipated. In order to accomplish this purposes, the internship program shall serve to introduce industry practitioners to the community college environment and student populations while encouraging them to complete their associate degrees.
(c) To enhance community college efforts toward building a diverse faculty. In order to accomplish this purpose, the internship program shall place special emphasis on promoting inclusive efforts to locate and attract qualified graduate students who are members of monitored groups as defined in section 53001(i).
Note: Authority cited: Sections 70901, 87105 and 87487, Education Code. Reference: Sections 87101 and 87487, Education Code.
s 53502. Minimum Qualifications.
A student employed as a faculty intern shall meet the following minimum qualifications:
(a) For those disciplines in which a master's degree is required, faculty interns shall be enrolled in a master's or doctoral program at the University of California, the California State University, or any other accredited institution of higher education subject to Chapter 3 (commencing with Section 94300) of Part 59 of the Education Code, and shall have completed at least one-half of the coursework, or the equivalent, in that graduate program.
(b) For those disciplines for which a master's degree is not expected or required, the faculty intern shall possess any license or certificate required to do that work and (1) be within one year of completing the associate degree and have six years industry experience in the discipline, or (2) have completed the associate degree and have completed five years of industry experience in that discipline.
(c) Faculty interns shall only be assigned to teach or to serve in a discipline in which they would be legally qualified to teach or render service upon completion of their graduate studies or associate degree and six years of industry experience in that discipline. A faculty intern shall be limited to two years of participation in the program.
(d) Each faculty intern shall serve under the direct supervision of a mentor who is legally qualified to teach the course or render the service that the faculty intern is providing. The district governing board shall ensure that faculty mentors provide substantial direct in-class supervision and evaluation of interns' teaching capabilities. The mentor shall have no other assigned duties during the time that the faculty intern is teaching or rendering service. The mentor is responsible for providing direct monitoring and systematic contact with the faculty intern.
Note: Authority cited: Sections 70901 and 87487, Education Code. Reference: Sections 70901 and 87487, Education Code.
s 53530. Use of Bond Proceeds.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 53540. Territory of District Becoming Part of Two or More Districts; Disposition of Records.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 54000. Uniform Residency Requirements.
The provisions of this chapter implement and should be read in conjunction with the Uniform Residency Requirements contained in part 41 (commencing with section 68000) of the Education Code.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Part 41 (commencing with Section 68000), Education Code.
s 54001. Adoption of Rules and Regulations; Publication; Uniformity.
The residence determination date and a summary of the rules and regulations adopted by the Board of Governors and district governing boards pursuant to chapter 1, part 41 of division 5 of the Education Code, commencing with section 68000, shall be published in the district catalogs and/or addenda thereto. The applicable Education Code provisions and the rules and regulations adopted by the Board of Governors and the district shall be made available to the students at each district.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education Code.
s 54002. Residence Determination Date.
"Residence determination date" is 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.
Note: Authority cited: Sections 66700, 68023, 68044, and 70901, Education Code. Reference: Section 68023, Education Code.
s 54010. Residence Classification Procedures.
(a) Residence classification 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. A student previously classified as a nonresident may be reclassified as of any residence determination date.
(b) The student shall be required to present evidence of physical presence in California, intent to make California the home for other than a temporary purpose and, if the student was classified as a nonresident in the preceding term, financial independence.
(c) Community college districts shall require applicants to supply information as specified in this subchapter and may require additional information as deemed necessary.
(d) The district shall weigh the information provided by the student and determine whether the student has clearly established that he or she has been a resident of California for one year prior to the residence determination date.
(e) Applicants shall certify their answers on residence questionnaires under oath or penalty of perjury.
(f) Pursuant to section 54300, the district may authorize any information required by this section to be submitted electronically using electronic signatures in lieu of manual signatures as specified in section 54300.
Note: Authority cited: Sections 66700, 68044, 70901 and 70901.1, Education Code. Reference: Sections 68044, 68062 and 70901.1, Education Code.
s 54012. Residence Questionnaires.
(a) Each community college district shall use a residence questionnaire in making residence classifications.
(b) The residence questionnaire shall ask each student where the student has maintained his or her home for the last two years and whether the student has engaged in any activity listed in subsection (f) of section 54024.
(c) The questionnaire shall ask each student under 19 years of age where the parent has lived for the last two years and whether the parent has engaged in any activity listed in subsection (f) of section 54024.
(d) If the student, or the student's parent if the student is under age 19, has either maintained a home outside of California at any time during the last two years, or has engaged in any activity listed in subsection (f) of section 54024, the student shall be asked for additional evidence of intent to reside in California such as that identified in subsection (e) of section 54024.
(e) The Chancellor shall provide a sample residence questionnaire which districts may use in complying with this requirement.
Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68062, Education Code.
s 54020. Residence.
In order to establish a residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
s 54022. Physical Presence.
(a) A person capable of establishing residence in California must be physically present in California for one year prior to the residence determination date to be classified as a resident student.
(b) A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
(c) Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68023, 68060, 68061 and 68062, Education Code.
s 54024. Intent.
(a) Intent to make California the home for other than a temporary purpose may be manifested in many ways. No one factor is controlling.
(b) A student who is 19 years of age or over, and who has maintained a home in California continuously for the last two years shall be presumed to have the intent to make California the home for other than a temporary purpose unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).
(c) A student who is under 19 years of age shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his or her parent have maintained a home in California continuously for the last two years unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).
(d) A student who does not meet the requirements of subdivision (b) or subdivision (c) shall be required to provide evidence of intent to make California the home for other than a temporary purpose as specified in subdivision (e).
(e) Objective manifestations of intent to establish California residence include but are not limited to:
(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) Active membership in service or social clubs.
(5) Presence of spouse, children or other close relatives in the state.
(6) Showing California as home address on federal income tax form.
(7) Payment of California state income tax as a resident.
(8) Possessing California motor vehicle license plates.
(9) Possessing a California driver's license.
(10) Maintaining permanent military address or home of record in California while in armed forces.
(11) Establishing and maintaining active California bank accounts.
(12) Being the petitioner for a divorce in California.
(f) Conduct inconsistent with a claim of California residence includes but is not limited to:
(1) Maintaining voter registration and voting in another state.
(2) Being the petitioner for a divorce in another state.
(3) Attending an out-of-state institution as a resident of that other state.
(4) Declaring nonresidence for state income tax purposes.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
s 54026. Burden.
The burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Section 68041, Education Code.
s 54028. One-Year Waiting Period.
The one-year residence period which a student must meet to be classified as a resident does not begin to run until the student both is present in California and has manifested clear intent to become a California resident.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
s 54030. Reestablished Residence.
If a student or the parents of a minor student relinquish California residence after moving from the state, one full year of physical presence, coupled with one full year of demonstrated intent to be a California resident, is required to reestablish residence for tuition purposes, except as provided in Education Code section 68070.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68017, 68060, 68061 and 68062, Education Code.
s 54032. Financial Independence.
(a) 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.
(b) A student who has established financial independence may be reclassified as a resident if the student has met the requirements of section 54020 for one year prior to the residence determination date.
(c) In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding California residence.
(d) Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if
(1) the parent on whom the student is dependent is a California resident, or
(2) there is no evidence of the student's continuing residence in another state.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Section 68044, Education Code.
s 54040. Self-Supporting Exception.
Any student claiming application of the self-supporting exception pursuant to Education Code section 68071 shall provide evidence such as: documentation, including W-2 forms or a letter from the employer, showing earnings for the year immediately preceding the residence determination date of attendance, a statement that the student has actually been present in California for said year (short absences from the state for business or pleasure will not preclude the accumulation of time), and a statement showing all expenses of the student for said year.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68071, Education Code.
s 54041. Military Dependent.
A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to section 68074 of the Education Code shall provide a statement from the military person's commanding officer or personnel officer that the military person's duty station is in California on active duty as of the residence determination date; or that the military person is outside of California on active duty after having been transferred immediately and directly from a California duty station after the residence determination date; or that the military person has, after the residence determination date, retired as an active member of the armed forces of the United States. A statement that the student who qualifies for resident classification as a natural or adopted child or stepchild is a dependent of the military person for an exemption on federal taxes shall also be provided.
Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Sections 68044 and 68074, Education Code.
s 54042. Member of Military.
A student claiming application of section 68075 of the Education Code must provide a statement from the student's commanding officer or personnel officer that the assignment to active duty in this state is not for educational purposes. The student should also produce evidence of the date of assignment to California.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68075, Education Code.
s 54045. Alien Students.
(a) An alien not precluded from establishing domicile in the United States by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) shall be eligible to establish residency pursuant to the provisions of this subchapter.
(b) An alien is precluded from establishing domicile in the United States if the alien:
(1) entered the United States illegally (undocumented aliens);
(2) entered the United States under a visa which requires that the alien have a residence outside of the United States; or
(3) entered the United States under a visa which permits entry solely for some temporary purpose.
(c) An alien described in paragraph (b) shall not be classified as a resident unless and until he or she has taken appropriate steps to obtain a change of status from the Immigration and Naturalization Service to a classification which does not preclude establishing domicile, and has met the requirements of Sections 54020-54024 related to physical presence and the intent to make California home for other than a temporary purpose. The Chancellor shall, after consultation with the University of California and the California State University, issue guidelines for the implementation of this section.
(d) Notwithstanding any other provision of this subchapter, an alien who was classified as a California resident by any college in a district as of September 30, 1991, or during the Fall 1991 term, shall not be subject to reclassification unless the student has not been in attendance at any college in the district for more than one semester or quarter.
Note: Authority cited: Sections 66700, 68044 and 70901, Education Code. Reference: Section 68062(h), Education Code; 8 U.S.C. 1101(a)(15); Toll v. Moreno, 458 U.S. 1 (1982); and Regents of the University of California v. Bradford, 225 Cal.App.3rd, 972, 276 Cal. Rptr. 197 (1990).
s 54045.5. Nonresident Tuition Exemption.
(a) In accordance with Education Code section 68130.5, any student, other than a student who is a nonimmigrant alien under 8 U.S.C. 1101(a)(15), shall be exempt from paying nonresident tuition at any community college district if he or she:
(1) Attended high school in California for three or more years;
(2) Graduated from a California high school or attained the equivalent of such graduation; and
(3) Registers for or is enrolled in a course offered by any college in the district for any term commencing on or after January 1, 2002.
(b) Any student seeking an exemption under subdivision (a) shall complete a questionnaire form prescribed by the Chancellor and furnished by the district of enrollment, verifying eligibility for this nonresident tuition exemption, and may be required to provide documentation in addition to the information required by the questionnaire as necessary to verify eligibility for an exemption. All nonpublic student information so provided shall be confidential and shall not be disclosed unless required by law.
(c) Any student without lawful immigration status who is seeking an exemption under subdivision (a), shall, in the questionnaire described in (b), affirm that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.
(d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section.
(e) Nothing herein modifies eligibility standards for any form of student financial aid, including but not limited to, those contained in Subchapter 7 of Chapter 9 of this Division.
(f) Nothing herein authorizes a refund of nonresident tuition that was paid for any term commencing prior to January 1, 2002.
Note: Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code.
s 54046. Public School Employee Holding Valid Credential.
A student claiming residence status pursuant to section 68078 of the Education Code shall provide a statement from the employer showing employment by a public school in a full-time position requiring certification qualifications for the college year in which the student enrolls. The student must also show that he or she holds a credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued by the Board of Governors and is enrolled in courses necessary to fulfill credential requirements.
Note: Authority cited: Sections 66700, 68044, and 70901, Education Code. Reference: Sections 68044 and 68078, Education Code.
s 54047. Student Under Custody of Resident Adult.
A student claiming residence under provisions of section 68073 of the Education Code shall provide evidence that the adult or adults with whom the student has resided has had California residence for 1 year immediately preceding the residence determination date, and further evidence that the student has resided with such adult or adults for a period of not fewer than 2 years.
Note: Authority cited: Sections 66700, and 68044, Education Code. Reference: Sections 68044 and 68073, Education Code.
s 54048. Agricultural Employment.
A student claiming residence shall provide either (a) or (b):
(a) Evidence that the student's parent with whom the student is living earns a livelihood primarily by performing agricultural labor for hire in California and other states and has performed such labor in California for at least two months in each of the preceding two years, and that the parent lives within the district. If the parent of such student had sufficient income to incur personal income tax liability for federal and/or state purposes, proof that the student was claimed as a dependent on federal or state personal income tax returns shall also be required.
(b) Evidence showing the student himself or herself earns a livelihood primarily by performing agricultural labor for hire in California and other states and that such labor has been performed in California for at least two months in each of the preceding two years.
As used in this section agricultural labor for hire means seasonal employment in connection with actual production of agricultural crops, including seeding, thinning and harvesting.
Note: Authority cited: Sections 66700, 68044, 68040 and 68100, Education Code. Reference: Sections 68044, 68100 and 78034, Education Code.
s 54050. Military Exceptions.
Those exceptions from payment of nonresident tuition provided by Education Code sections 68074 (military dependents) and 68075 (military members) apply for so long as the student qualifies under the terms of either section 68074 or section 68075. Resident classification for purposes of determining the amount of tuition and fees includes eligibility for Board of Governors fee waivers. (continued)