Section 54045.5 - Nonresident Tuition Exemption Implementation(a) Any student seeking an exemption under the eligibility criteria expressed in Education Code section 68130.5, 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.(b) Any student without lawful immigration status who is seeking an exemption under Education Code section 68130.5, shall, in the questionnaire described in (a), 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.(c) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of this section.(d) Nothing herein authorizes a refund of nonresident tuition that was paid for any term commencing prior to January 1, 2018.(e) Notwithstanding the general nonimmigrant alien exclusion from the exemption noted in Education Code section 68130.5, subdivision (a), nonimmigrant aliens granted "T" or "U" visa status under title 8 United States Code section 1101(a)(15)(T)(i) or (ii), or section 1101(a)(15)(U)(i) or (ii), respectively, shall be exempt from paying non-resident tuition, provided all eligibility requirements in Education Code section 68130.5, subdivision (a), are met.(f) Documents and information obtained in implementing the exemption provided by Education Code section 68130.5 are confidential.Cal. Code Regs. Tit. 5, § 54045.5
1. New section filed 5-3-2002; operative 6-2-2002. Submitted to OAL for printing only (Register 2002, No. 25).
2. Amendment of subsections (a)-(a)(3) and new subsection (g) filed 10-10-2014; operative 11-9-2014. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2014, No. 42).
3. Amendment of subsection (a)(1), new subsections (a)(1)(A)-(a)(1)(B) and amendment of subsection (a)(3) filed 4-22-2015; operative 5-22-2015. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2015, No. 17).
4. Amendment of section heading and section filed 3-20-2018; operative 4-19-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 14). Note: Authority cited: Sections 66700, 68130.5 and 70901, Education Code. Reference: Section 68130.5, Education Code.
1. New section filed 5-3-2002; operative 6-2-2002. Submitted to OAL for printing only (Register 2002, No. 25).
2. Amendment of subsections (a)-(a)(3) and new subsection (g) filed 10-10-2014; operative 11-9-2014. Submitted to OAL for printing only pursuant to Education Code section 70901.5(b) (Register 2014, No. 42).
3. Amendment of subsection (a)(1), new subsections (a)(1)(A)-(a)(1)(B) and amendment of subsection (a)(3) filed 4-22-2015; operative 5-22-2015. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2015, No. 17).
4. Amendment of section heading and section filed 3-20-2018; operative 4-19-2018. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2018, No. 14).