This statement is a general summary of the principal rules on residency and their exceptions. It should not be construed as the actual expression of the laws used by admissions officers for residency determination.Reference should be made to Chapter 1 (commencing with section 68000) Division 5 of the California Education Code, and Regulations of the Board of Governors of the California Community Colleges in Chapter 5 (commencing with section 54000) of Division 6 of Title 5 of the California Code of Regualtions.

Resident - Any student who has had legal residence in California for one year and one day or more immediatley preceeding the residence determinaition date and who provides evidence of physical presence and intent to make California his/her home for other than a temporary purpose shall be classified as a resident.

Non-resident - Any student who has not had legal residence in California for one year and one day immediately preceeding the residence determination date.

Residence Determination Date - The residence determination date is the day immediately preceeding the first day of instruction of fall, spring or summer terms set by the Board of Trustees, during which the student purposes to attend Cypress College.

Each person enrolled in or applying for admisison to a California Community College is, for purposes of admission and/or tuition, classified as a "resident" or "non-resident." Students classified as residents will not pay non-resident tution. Students classified as non-residents will be required to pay tuition set by the Board of Trustees. Generally, residency requires actual presence in California, coupled with an intent to become a resident. One's state of mind is subjective; hence, it is necessary to look at objective indications of the student's intent. Some examples of evidence that aid the college admissions officer in identifying that intent, but that are not individually decisive are:

• California driver's license
• voter registration receipt
• lease, rental or property agreements and or title of ownership
• Tax forms, state and federal (1040, 540)

* a complete list of items commonly used can be found on our Quick Forms page.

A combination of two or more such documents dated on or before the residency determination date usually is sufficient to indicate the student's intent. Demonstration of the necessary intent, coupled with documentation of factual presence in California for one year and one day will satisfy the residnecy requirements, and the student may be classified as a resident.

Unmarried minors - those students under the age of 18 whose parents or guardians are living are by law incapable of establishing their own residence. An admissions officer will use the following guidelines for the determination of a minor applicant's reidence:

• If Both of the minor's parents are living, the residence of the parent with whom the minor is living with or with whom the minor was last living with. In cases where one parent is deceased, the minor's residence will be that of the living parent. In cases of adoption or guardianship where neither natural parent is living, the residence of the adopting parent or the guardian is the residence of the minor.
• A minor whose parents are not living and who does not have a legal guardian may establish an independent residence. However, a student who is a minor and has a parent living may not, by independent action, establish residence, nor will the appointment of a guardian or the relinquishment of the parent's right of control give that minor the ability to establish an independent residence.

Exceptions:

AB540 - Assembly Bill 540

This act allows all persons, including all U.S. citizens, permanent residents of the U.S., and aliens who are not nonimmigrants including undocumented immigrant students who meet the requirements set forth in section 68130.5 of the Education Code to be exempt from the non-resident tuition in California's colleges and universities. Requirements:

• High school attendance in California for three or more years.
• Graduation from a California high school or attainment of the equivalent thereof (GED, Certificate of High School Proficiency.)
• Complete and file affidavit with an admissions officer with an unnofficial high school transcript.