Former/Current Member of the Military and their Dependent Children, Spouses and Registered Domestic Partners
The Higher Education Opportunity Act of 2008* provides that any student (undergraduate, graduate, or professional) who is a Member of the Armed Forces of the United States on active duty for a period of more than 30 days[1] and whose domicile or permanent duty station[2] is in California, or the spouse, registered domestic partner, or dependent child of such a Member, may be entitled to an exemption from Nonresident Supplemental Tuition. Following a subsequent change in the Member’s permanent duty station to a location outside California, the Member’s spouse, domestic partner, or dependent child who remains continuously enrolled at the University may continue to receive the exemption.
[1] Federal law grants eligibility to a Member of the Armed Forces who “is” on active duty for 30 days. This is interpreted to mean that as of the RDD of the term for which the student (i.e., Member, spouse, domestic partner, or dependent child) seeks to qualify for an exemption, the Member must be on active duty status, but if the Member has been on active duty for less than 30 days, he or she can satisfy the 30-day requirement if there is adequate proof that the status will continue for at least 30 days.
[2] Federal law provides that “domicile or permanent duty station” may be in California. Since “domicile” does not refer to station status, but appears to mean the location where the Member currently lives (even if only temporarily), a temporary assignment to California should not preclude eligibility for an exemption. However, the Permanent Duty Station or Permanent Change in Station MUST be in California.
*Because eligibility requirements may be different under federal law than state law, the Residence Deputy will make a determination of eligibility under both federal and state law and assign the benefit that is more advantageous to the student. Click here for more information about Military Waiver of Nonresident Supplemental Tuition.