I will be attending San Jose State University for Fall 2012 as transfer student. I will be classified as an out-of-state resident. I moved to California in Fall of 2011 and to be re-classified for in-state tuition purposes I must demonstrate the following:
-must have been in California for a year and one day
-must demonstrate that I have not been here strictly for educational purposes
-must show independency
Here is the California Education Code regarding this:
CA Codes (edc:68040-68044)
I have the first two but the third is a little bizarre in the sense that I have to show independency for the current and past three years. I only started my independency Fall of 2011 and being that I will be transferring as a junior I have little hope to receive in-state tuition. However next year I will be turning 24 years old. From my understanding under federal law I will be considered independent. This is different than the act of establishing independency for a year for tuition purposes which is what the state tries to stop by setting this state law. Would the California Education Code which states that A student shall be considered financially independent for purposes of this section if the applicant meets all of the following requirements be overridden by the federal law of independency?
The Universities of California which uses the same Education Code as that of the CSU states:
The individual is considered financially independent and that the financial independence requirement will not be a factor in the residence determination under one of the following conditions:
"You are at least 24 years of age by December 31 of the calendar year of the term for which you are requesting resident classification."
Note: I did call the registrar but they were no help.