Law / United States / 
California
Nonresident tuition exemption: confidentiality of student information, including the immigration-status affidavit
Cal. Education Code section 68130.5
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- If you are the California State University or a community college district, keep confidential the student information you obtain in implementing the nonresident tuition exemption, including a student's affidavit on the student's immigration status (section 68130.5(d) and (a)(4)(A)).
- When you receive a student's affidavit from the Student Aid Commission, share it with the departments within the institution that require it, and do not require the student to file a separate affidavit (section 68130.5(a)(4)(B)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The section makes student information obtained in its implementation confidential. It names no log, no record to be kept, no retention period and no reader of a record.
- Kind
- None
- As of
What this law does
Education Code section 68130.5(d) makes student information obtained in the implementation of the section confidential. Section 68130.5 exempts a qualifying student from nonresident tuition at the California State University and the California Community Colleges.
A person without lawful immigration status meets one of the section's requirements by filing an affidavit with the institution stating that the student has filed an application to legalize the student's immigration status, or will file one as soon as the student is eligible. An institution that receives such an affidavit from the Student Aid Commission must share it with the departments within the institution that require it, and may not require the student to file a separate affidavit.
The version of section 68130.5 in force was amended by chapter 584 of the Statutes of 2023 (AB 1540), effective .
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