California Codes

Cal. Education Code § 68130.5 (2026)

✓ current as of May 2026

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Notwithstanding any other law:

(a)A student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:

(1)Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):

(A)A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:

(i)California high schools.

(ii)California high schools established by the State Board of Education.

(iii)California adult schools established by any of the following entities:

(I)A county office of education.

(II)A unified school district or high school district.

(III)The Department of Corrections and Rehabilitation.

(iv)Campuses of the California Community Colleges.

(v)A combination of those schools set forth in clauses (i) to (iv), inclusive.

(B)Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.

(C)(i)Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757.

(ii)Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.

(2)Satisfaction of any of the following:

(A)Graduation from a California high school or attainment of the equivalent thereof.

(B)Attainment of an associate degree from a campus of the California Community Colleges.

(C)Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.

(3)Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year.

(4)(A)In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize the student’s immigration status, or will file an application as soon as the student is eligible to do so.

(B)(i)The California State University and California Community Colleges shall, and the University of California and independent institutions of higher education are requested to, accept an affidavit provided to the Student Aid Commission as part of the student’s financial aid application for purposes of meeting the requirement in subparagraph (A).

(ii)An institution that receives an affidavit from the Student Aid Commission pursuant to clause (i) shall share the affidavit with any departments within the institution that require such an affidavit to ensure that students are not required to submit multiple affidavits.

(iii)The institution of higher education shall not require a student to file a separate affidavit. This shall not preclude the institution of higher education from verifying the information provided on the affidavit, as the institution deems necessary.

(iv)Notwithstanding clause (i), the institution of higher education may provide an affidavit for students who do not apply for state financial aid to submit for the purposes of complying with subparagraph (A).

(b)A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.

(c)The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.

(d)Student information obtained in the implementation of this section is confidential.

(e)For purposes of this section, “independent institutions of higher education” has the same meaning as in Section 66010.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 2008–2022 · leading case: De Vries v. Regents of the Univ. of California, 6 Cal. App. 5th 574 (Cal. Ct. App. 2016).

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De Vries v. Regents of the Univ. of California, 6 Cal. App. 5th 574 (Cal. Ct. App. 2016). · cites it 2× “2 provides in part: “The University of California shall extend financial aid to any student exempt from paying nonresident tuition under California Education Code Section 68130.5 and Regents Policy 3106 .”

Martinez v. Regents of Univ. of California, 241 P.3d 855 (Cal. 2010). · cites it 2× “Procedural Background Plaintiffs allege that they are United States citizens who are or were students paying nonresident tuition at a California public university or college, and that they have been “illegally denied exemption from nonresident tuition under California Education…”

Mendoza v. Miranda, 559 F.3d 999 (9th Cir. 2009). “3 (October 2007), available at http:// www.nile.”

Kaider v. Hamos, 2012 IL App (1st) 111109 (Ill. App. Ct. 2012). “Educ. Code § 68130.5 ). Among other challenges to the law, the plaintiffs argued that section 68130.”

State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017). “, Cal. Educ. Code § 68130.5 (a); Colo. Rev.”

De Vries v. Regents of UC (Cal. Ct. App. 2016). · cites it 3× “2 provides in part: “The University of California shall extend financial aid to any student exempt from paying nonresident tuition under California Education Code Section 68130.5 and Regents Policy 3106.”

State v. McCcd (Ariz. Ct. App. 2017). “, Cal. Educ. Code § 68130.5 (a); Colo. Rev.”

Young Conservatives of Texas Found. v. The Univ. of North Texas (E.D. Tex. 2022). “But the state law at issue there allowed a student to qualify for in-state tuition if they attended high school in California for at least three years and met other statutory requirements, none of which involved establishing residence in California.”

Martinez v. Regents of Univ. of California, 166 Cal. App. 4th 1121 (Cal. Ct. App. 2008). · cites it 2× “United States citizens who pay nonresident tuition for enrollment at California's public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, § 68130.5 [1] ) which allows certain illegal aliens [2] to pay the less expensive resident tuition to attend…”

Mendoza v. Miranda (9th Cir. 2009). “1997) (holding that state cannot deny public education to children based on immigrant status); Cal. Educ. Code § 68130.5 (a)(4) (West 2002) (permitting undocumented immigrants to pay in-state tuition fees at California universi- ties and community colleges)18; Tanya Broder,…”

— Cal. Education Code § 68130.5(a)(4) — 1 case

Mendoza v. Miranda, 559 F.3d 999 (9th Cir. 2009). “3 (October 2007), available at http:// www.nile.”

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