University of California Board of Regents Policy Relating to Residence

The California Constitution (Article IX, Section 9): The legal status of a public university under state law is generally described as either “constitutional” or “statutory,” designating whether the university has or has not been constitutionally delegated a substantial measure of exclusive powers of governance. Under Article IX, Section 9 of the California Constitution, the Regents of the University of California are delegated “full powers of organization and government” of the University and are therefore placed in the former category. The other two systems of public higher education in California – the California State University and Colleges, and the community colleges—were created by statutory enactment with governance powers set forth by legislative act and are subject to ultimate legislative control.

The Board of Regents: The Board of Regents of the University of California was created to govern, control and manage the University system and it has adopted certain policies governing the classification of students as California residents and nonresidents for tuition purposes in keeping with its responsibilities to the citizens of California. The taxpayers of California are thereby assured that they are not assuming the financial burden of educating students who are temporarily domiciled in the state solely for educational purposes.

Standing Order of the Regents 110.2: Standing Order 110.2 sets forth Regental policy relating to residence matters and has the same status as a state statute. Language in Standing Order 110.2 delegates authority to the General Counsel of The Regents to establish regulations for determining residence status. The General Counsel has, in turn, authorized each campus to officially designate a member of the Registrar’s staff as a “Deputy” in Residence a Matters. The Residence Deputy (or similar title) at each campus is the only person who can make a determination regarding a student’s status for residence for tuition purposes and appeal of the Residence Deputy’s decision can only be made to the Office of the General Counsel.

The term “resident” is confusing because it may have several definitions as it relates to, voter registration, driver’s licenses, contracts, income taxes, and even admission to the University. The regulations found in Standing Order 110.2 were promulgated not to determine whether a student is a resident or a nonresident of California, but rather, to determine whether a student should pay University fees on an in-state or out-of-state basis. A student at the University of California may be a resident of California for some purposes, but not a resident for tuition purposes, and a student who pays in-state fees at one of the California state colleges or community colleges may not be considered a resident for tuition purposes at the University of California upon transfer.

Because the tuition paid by in-state students does not cover the total cost of their education in the University system, the taxpayers of California contribute a portion of the necessary funds. The practice followed by the University of California of assessing out-of-state students a higher tuition rate is a rational attempt to achieve a partial cost equalization between those who have and those who have not recently contributed to the state’s economy, and those who will or will not remain in the state to contribute in the future. Courts that have faced challenges to residency classification procedures have consistently recognized the rights of University systems to charge higher rates to out-of-state students and to adopt criteria for determining the establishment of the in-state status.

With these considerations in mind, the Board of Regents adopted polices governing the classification of students for fee payment purposes. These policies are available for inspection at each UC campus and Standing Order 110.2 is available online at: http://www.universityofcalifornia.edu/regents/bylaws/so1102.html.