California Residency Special Circumstances

Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States.

This exemption applies to the following:

• Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, § 1244)
• Afghan and Iraq translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059)
• Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force {ISAF} in Afghanistan (Pub.L. No. 111-8, § 602)
• Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code.

These exemptions only apply to those who settled in California upon entering the United States. (Ed. Code, § 68075.6, subd. (b)(1).) Students who settled elsewhere in the United States, and then moved to California would not be eligible for this exemption and would be required to either establish residency or pay nonresident tuition. Under Education Code section 68122, T and U visa holders are also exempt from nonresident tuition by extension of Assembly Bill 343. 

Assembly Bill 343 also states that the exemption for a student is only available for the maximum time it would take for the student to establish residency. (Ed. Code, § 68075.6, subd. (b)(1).) That time, and therefore any nonresident tuition exemption, will expire one year from the date the student settled in California upon entering the United States. (Ed. Code, § 68017.) Upon expiration of the nonresident tuition exemption, the student will either have established residency in California, or will have an intention to reside elsewhere, and be subject to nonresident tuition.

Students who believe they fit the above criteria may complete a Residency Reclassification Petition (Admissions & Records Forms site under "Admissions Forms") and submit copies of supporting documentation to the Admissions & Records Office to determine their eligibility for the above exemption waiver or California residency reclassification or non-resident classification.

Students who have left California to attend an out of state College or University within the last 2 years will be required to show proof of retaining their California residency. Students who have been classified as a non-resident for attending an out of state College or University will be required to complete a Residency Reclassification Petition (Admissions & Records Forms site under "Admissions Forms") and submit all three of the following documents:

1. Copy of your parent’s California Resident Tax Return (Form 540) indicating that you are being claimed as a dependent and, if applicable, your CA state income tax return for the prior tax year.
2. Verification that you were or are attending college as a Non-Resident (For example: tuition bills or a letter from the Registrar stating what your categorization for tuition purposes is and what your permanent home of record is).  Please note if the university/college is “private”, online, off-site campus located in California or correspondence/distance learning, you must provide a letter from the Admissions and Records Office verifying the permanent home of record you reported.
3. Copy of your Valid California Driver’s License or Identification Card.

Veterans or dependents of an eligible Veteran who meet the following requirements shall be exempt from paying nonresident tuition at San Joaquin Delta College. A “covered individual” for purposes of compliance with the VACA Act and Education Code Section 68075.7 is defined as:

1. A veteran eligible for educational assistance under either the Montgomery GI Bill® Active Duty (MGIB-AD) or Post-9/11 GI Bill® education benefit programs who resides (lives) in California (regardless of his/her formal state of residence) and enrolls in the community college within three years of discharge from a period of active duty service of 90 days or more.
2. An individual eligible for transferred education benefits under either the Montgomery GI Bill® Active Duty (MGIB-AD) or Post-9/11 GI Bill® education benefit programs who resides (lives) in California (regardless of his/her formal state of residence) and enrolls in the community college within 3 years of the transferor’s discharge from a period of active duty service of 90 days or more.
3. An individual is eligible for transferred Post-9/11 GI Bill® benefits while the transferor is on active duty who resides (lives) in California (regardless of his/her formal state of residence) as described in 38 USC 3679 (c) (2) (B) (ii) (ll). The 3-year enrollment period limitation does not apply to eligible dependents of active duty service members.
4. An individual eligible for benefits under the Marine Gunnery Sergeant John David Fry Scholarship (provides Post-9/11 GI Bill® benefits to the children and surviving spouses of service members who died in the line of duty while on active duty) who resides (lives) in California (regardless of his/her formal state of residence).
5. If applicable, after the expiration of the three year period following discharge or death as described in 38 U.S.C. 3679(c), a student who qualifies under the applicable requirements above shall maintain “covered individual” status as long the student remains continuously enrolled at the community college, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that are exclusively applicable to nonresident students. “Continuously enrolled” means enrolled for at least the fall and spring semesters of an academic year (pursuant to California Code of Regulations, Title 5 Section 55701, the academic year does not include summer or other intersessions).

In September 2018 the VACA Act was further amended to add a new category of “covered individuals” to include: Individuals eligible for rehabilitation under 38 U.S. Code § 3102 pursuing a course of education with education assistance from the Training and Rehabilitation for Veterans with Service-Connected Disabilities (Chapter 31) education benefits program. This change is effective for courses provided during a quarter, semester, or term beginning after March 1, 2019.

Under this exemption, students are NOT eligible to receive a California College Promise Grant (Formerly BOG waiver). Students will still be classified as a non-resident but given an exemption from paying non-resident tuition.

How to apply for AB 13 (VACA) exemption

To apply for AB13 (VACA) California Nonresident Tuition Exemption for Eligible Veterans & Dependents you must:

1. Complete and sign the AB13 (VACA) Affidavit form
2. Attach all applicable documentation:
   • Copy of DD214 Certificate of Release or Discharge from Active Duty.
   • Certificate of Eligibility (COE) from VA confirming the approval of education benefits for student.

Please submit to the Admissions and Records Service Window, DeRicco Building Lobby or mail to:

San Joaquin Delta College
Admissions & Records-Residency
5151 Pacific Avenue, Box 102
Stockton, CA 95207