Code Section

Education Code - EDC


  ( Title 3 enacted by Stats. 1976, Ch. 1010. )


  ( Division 5 enacted by Stats. 1976, Ch. 1010. )


  ( Part 41 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 1. Student Residency Requirements [68000 - 68134]

  ( Chapter 1 enacted by Stats. 1976, Ch. 1010. )

ARTICLE 6. Exceptions to Residence Determination [68070 - 68086]
  ( Article 6 enacted by Stats. 1976, Ch. 1010. )


(a) The Legislature finds and declares all of the following:

(1) The wars in Afghanistan, Iraq, Syria, and other countries have displaced many families, causing many of them to flee their homes in search of a better life. Between 2011 and March 2017, more than 36,000 refugees entered California, with nearly 8,000 of them entering in 2016.

(2) Under the National Defense Authorization Act for Fiscal Year 2006, certain Afghan and Iraqi nationals were provided special immigrant status in the United States. Through the end of 2015, more than 37,000 individuals were granted special immigrant visa (SIV) status under this program. Between 2011 and March 2017, 9,200 SIV holders resettled in California.

(3) Under the federal Afghan Allies Protection Act of 2009, certain Afghan nationals were provided special immigrant status in the United States.

(4) Many of these families have escaped war and persecution in order to improve the lives of their families, but encounter numerous barriers, such as the cost of higher education, when assimilating into the United States. Access to institutions of higher education will ensure that students from these families are able to pursue their educational goals and rebuild and improve their lives and the lives of their families.

(b) Notwithstanding any other law:

(1) A student of the California Community Colleges who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public Law 111-8, or is a refugee admitted to the United States under Section 1157 of Title 8 of the United States Code, and who, upon entering the United States, settled in California, shall be exempt from paying the nonresident tuition fee required by Section 76140 for the length of time he or she lives in this state up to the minimum time necessary to become a resident.

(2) A community college district may report a student, who is exempt from nonresident tuition pursuant to this section and who is enrolled as a student in that district, as a full-time equivalent student for apportionment purposes.

(Amended by Stats. 2018, Ch. 33, Sec. 10. (AB 1809) Effective June 27, 2018.)