<p>This isn't the correct section but i was hoping someone would be familliar or know the law in this forum regarding this:</p>
<p>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)</p>
<p>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?</p>
<p>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."</p>
<p>Note: I did call the registrar but they were no help.</p>