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Students who are members of the armed forces of the United States domiciled or
stationed in California as of the residence determination date are entitled to resident
classification for purposes of determining the amount of tuition and fees for the duration
of their attendance at a community college. For purposes of this section, “Armed Forces
of the United States” means the Air Force, Army, Coast Guard, Marine Corps, Navy, and the
reserve components of each of those forces, the California National Guard, the California
State Military Reserve, and the California Naval Militia. If that member of the armed forces
of the United States who is in attendance at an institution is thereafter transferred on
military orders to a place outside this state where the member continues to serve in the
Armed Forces of the United States, he or she shall not lose his or her resident
classification so long as he or she remains continuously enrolled at that community
college. Please note that exclusions or limitations from residency classification for active
duty military students related to students “seeking a graduate degree” or “members of
the armed forces who were assigned for educational purposes to state-supported
institutions of higher education” are no longer applicable under the current statute and
federal law. ---
CCCCO Legal Opinion 10-05 analyzes the effect of the 2008 reauthorization of the federal
Higher Education Opportunity Act (HEOA) on tuition rates for members of the armed forces
on active duty, their spouses, and dependent children. As indicated in Legal Opinion 10-05,
the federal law changes in the HEOA have broadened the applicable situations in which a
member of the armed forces and his or her dependents may receive the benefit of state
resident status for purpose of tuition and fees, including where the military member is
“domiciled” in this state, but not stationed in California on active duty.
Dependents of Active Duty Military Members
(Ed. Code § 68074; Cal. Code Regs., tit. 5 § 54041)
A student who is a natural or adopted child, stepchild, or spouse and who is a dependent
of a member of the armed forces of the United States domiciled or stationed in California
on active duty is entitled to resident classification for the purposes of determining the
amount of tuition and fees. There is no limitation on the length of the resident
classification. If that member of the armed forces, whose dependent is in attendance at,
or has been admitted to (“admitted to” basis added by AB 172 (Chavez, 2017) and
effective January 1, 2018), a community college, is thereafter transferred on military
orders to a place outside this state where the member continues on active duty or is
thereafter retired as an active member of the armed forces of the United States, the
student dependent shall not lose his or her resident classification so long as he or she
remains continuously enrolled at that community college. As noted above, see Legal
Opinion 10-05.
April 19, 2021 Version