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VACAA & Exemptions

  

  

Out of state students who are eligible for VA educational benefits (Post 9/11 GI Bill, Fry Scholarship, Ch 35 - Dependents Educational Assistance and VR&E) are eligible to have Cal Poly's out-of-state student fees waived, regardless of if they are using the VA benefit or not. 

1. Request a Certficate of Eligibility (COE) from the VA CLICK HERE
2. When the student has a California address (dorm, apartment...), they must change one address in the Cal Poly student portal to reflect their new address   
3. Submit a VACAA request CLICK HERE
4. The waiver request will be reviewed by Cal Poly and the student will be notified of the decision via their Cal Poly email  

*Students who are granted a VACAA waiver are not changing their residency status. 

*Students with a VACAA waiver are not eligible to have a Cal Vet College Fee Waiver (CVCFW) applied to their student account. 

*VACAA waivers can take significant time to approve. Plan accordingly. Students with a submitted/pending request may need to pay out-of-state fees to avoid being dropped from their upcoming term and request a refund after the waiver has been approved. 

*Once approved for a VACAA waiver, it will remain in place as long as the student is continuously enrolled at Cal Poly (not taking more than 2 terms off in a row). 

*VACAA waivers cannot be retroactively applied to completed terms. 

Cal Poly is dedicated to supporting our military-connected students by ensuring access to fair tuition rates in accordance with federal and state regulations. We understand that navigating residency requirements can be complex, and we're here to help.


Federal In-State Tuition Eligibility (Public Law 117-68)

In compliance with Public Law 117-68, the Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 (amending 38 U.S.C. 3679(c)), Cal Poly charges the in-state resident tuition rate for qualified veterans, dependents, and eligible individuals. This policy has been effective for all courses, semesters, or terms beginning after August 1, 2022.

This federal policy specifically applies to individuals using educational assistance under the following U.S. Department of Veterans Affairs (VA) programs:

  • Veterans using educational assistance under various chapters of 38 U.S.C.
  • Individuals using transferred Post-9/11 GI Bill® benefits.
  • Those using benefits under the Marine Gunnery Sergeant John David Fry Scholarship.
  • Those using Chapter 35 (Survivors' and Dependents' Educational Assistance) benefits.

Residency Note for Federal Eligibility: While federal law requires these individuals to have a residence in California, Cal Poly acknowledges that intent to establish residency can be demonstrated through various means, including documentation. A dorm address or college housing is allowed for establishing a residence. 

Action Required: For all individuals listed above using VA educational benefits, please follow the process outlined for requesting a VACAA waiver as soon as your substantiating documentation is available and you have established a residence in California.


California State Nonresident Tuition Exemptions

California state law also provides specific exemptions from nonresident tuition for military service members, veterans, and their dependents who meet certain criteria.


Active Duty Service Members

A member of the U.S. Armed Forces stationed in California is generally exempt from paying nonresident tuition.

  • Important Note: California Education Code provides an expanded definition of "member of the Armed Forces of the United States" for this exemption. However, California law does not provide a nonresident tuition exemption for service members on temporary military orders to attend a state-supported institution.

To qualify, you must submit the following documents:

  • A statement from your commanding officer or personnel officer confirming your assignment to active duty in California is not for educational purposes.
  • Military orders, a letter from your unit commander or personnel staff, or other military service personnel documents showing your assignment date to California.
  • A copy of your service member's orders indicating your assignment to California is a Permanent Change of Station (PCS).

Exemption Continuation: This exemption continues as long as you are continuously enrolled at Cal Poly, even if you retire or are transferred to a different state for military duty.


Dependents of Active Duty Service Members

A dependent of an active duty service member may be exempt from nonresident tuition if they meet either of the following criteria:

Criterion 1: The service member is on active duty and stationed in California.

  • Documents Required:
    • A statement from the service member's commanding officer or personnel officer confirming they are stationed in California on active duty as of the residence determination date.
    • A statement that you are the service member's dependent and were claimed as a dependent for federal income tax purposes.

Criterion 2: You have received transferred benefits under the Post-9/11 GI Bill®, have a residence in California, and are the dependent of an active duty U.S. Armed Forces service member who may be stationed anywhere.

  • Document Required:
    • Your Certificate of Eligibility (COE) from the U.S. Department of Veterans Affairs (VA).
  • Action Required: If you are using VA educational benefits, please follow the process outlined for requesting a VACAA waiver as soon as your documentation is available and you have established a residence in California.

Exemption Continuation: This exemption continues as long as you are continuously enrolled at Cal Poly, even if the service member retires or is transferred out of California for military duty.


Veterans

A veteran may be exempt from paying nonresident tuition if they meet any of the following criteria:

Criterion 1: You were stationed in California on active duty for more than one year immediately prior to being discharged.

  • Note: This is a one-year exemption that must be used within two years of discharge. You must file an affidavit with the campus stating your intent to establish residency in California as soon as possible.
  • Documents Required:
    • Your DD-214 (Certificate of Release or Discharge from Active Duty).
    • Military orders, a letter from your unit commander or personnel staff, or other military service personnel documents showing your assignment date to California.
    • An affidavit stating your intent to establish residency.
  • Important: Former U.S. Armed Forces members who received a dishonorable or bad conduct discharge (as shown on the DD-214) are not eligible for a nonresident tuition exemption under this code.

Criterion 2: You are eligible for either the Montgomery GI Bill® – Active Duty (MGIB – AD) or Post-9/11 GI Bill® and must have a residence in California. A dorm address or college housing is allowed for establishing a residence.

  • Documents Required:
    • Your DD-214.
    • Your Certificate of Eligibility (COE) from the U.S. Department of Veterans Affairs (VA).
  • Action Required: If you are using VA educational benefits, please follow the process outlined for requesting a VACAA waiver as soon as your documentation is available and you have established a residence in California.

Criterion 3: You are eligible for Vocational Rehabilitation and must have a residence in California. A dorm address or college housing is allowed for establishing a residence.

  • Documents Required:
    • Your DD-214.
    • VA Form 28-1905 “Authorization and Certification of Entrance or Reentrance into Rehabilitation and Certification of Status."
  • Action Required: If you are using VA educational benefits, please follow the process outlined for requesting a VACAA waiver as soon as your documentation is available and you have established a residence in California.

Dependents of Veterans

A dependent of a veteran may be exempt from paying nonresident tuition if they meet the following criteria:

Criterion: You are eligible for the Post-9/11 GI Bill® or Chapter 35 (Survivors' and Dependents' Educational Assistance - DEA) and have a residence in California. A dorm address or college housing is allowed for establishing a residence.

  • Document Required:
    • Your Certificate of Eligibility (COE) from the U.S. Department of Veterans Affairs (VA).
  • Action Required: If you are using VA educational benefits, please follow the process outlined for requesting a VACAA waiver as soon as your documentation is available and you have established a residence in California.

Exemption Continuation: This exemption continues as long as you are continuously enrolled at Cal Poly.


ROTC Cadets

Enrollment in ROTC courses does not automatically qualify a student for a nonresident tuition exemption, as students can enroll without entering military service or incurring a service obligation. A cadet becomes qualified for a nonresident tuition exemption once they officially become a member of the armed forces. At that point, the rules for Service Members (above) would apply.

  • Documents to show membership: A Department of Defense ID card and/or an enlistment contract or orders.
  • Note: Membership in or a contract for the Delayed Entry Program is not acceptable, as the student has not yet entered into service.

Key Military Definitions

  • Active Duty: Full-time duty in the Armed Forces, other than active duty for training. This includes service as a cadet at a U.S. military academy or as a midshipman. (Does not include full-time National Guard duty.)
  • Active Duty for Training: Full-time duty in the Armed Forces performed by members of the reserve component for training purposes.
  • Active Guard and Reserve Duty: Active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard for a period of 180 consecutive days or more.
  • Armed Forces: The United States Army, Marine Corps, Navy, Air Force, and Coast Guard, including their reserve components.
  • Certificate of Eligibility (COE): A letter from the U.S. Department of Veterans Affairs (VA) showing a student's eligibility for GI Bill benefits and the number of days of that benefit available. Students may also provide information retrieved from the VA's eBenefits web portal.
  • Continuously Enrolled: Enrolled for at least the fall and spring semesters, or for at least three quarters, in an academic year (the academic year does not include summer or other intersessions).
  • DD-214: Certificate of Release or Discharge from Active Duty. This document is provided to service members upon discharge. Member Copy 2 or 4, showing the discharge date, type of discharge, and character of service, must be provided.
  • Dependent: A service member's spouse or child (natural or adopted child or stepchild).
  • GI Bill®: A registered trademark of the U.S. Department of Veterans Affairs (VA).
  • Permanent Change of Station (PCS): Official military orders that transfer a service member to a new duty station for an extended period.
  • Service member: A current member of the United States Armed Forces.
  • Veteran: A person who served in the active military, naval, or air service and was discharged or released under conditions other than dishonorable.

A student classified as a nonresident for a prior term may seek reclassification in any subsequent term; however, reclassification requires that, in addition to satisfying the requirements of eligible immigration statusphysical presence, and intent to remain indefinitely in the state, the student must also satisfy the requirement of financial independence as outlined in Title 5 CCR § 41905.5. The student must contact the appropriate person in the campus admissions office, complete the approved Residence Questionnaire Form, and provide supporting documents.

Reclassification: Financial Independence Requirement

  • Any nonresident student requesting reclassification to a resident for tuition purposes must demonstrate financial independence
  • Student has not and will not be claimed as an exemption for state and federal tax purposes by the student’s parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application
  • Student has not and will not receive more than seven hundred fifty dollars ($750) per year in financial assistance from their parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application
  • Student has not lived and will not live for more than six weeks in the home of their parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application

Note: Students who receive a government scholarship and/or financial assistance should be viewed the same as state and federal financial aid, and athletics grants-is-aid; and should not be counted as parental support.

Effective Fall 2020 academic term, if the student meets at least one of the following criteria, the student does not have to meet the financial independence requirement.  Student must provide the campus admissions office supporting documents (e.g., state income tax returns, court documents, marriage certificate, military order form) that demonstrate they meet the criteria.

  • Dependent on a parent who has California residence for more than one year immediately preceding the residence determination date;
  • Enrolled in a graduate or post‐baccalaureate program, regardless of age;
  • Turned 24 years of age by the residence determination date;
  • Married or registered domestic partner as of the residence determination date;
  • Active-duty members serving in the US Armed Forces
  • Veteran of the US Armed Forces
  • Legal dependent other than spouse or registered domestic partner
  • Former ward of the court, foster youth or both parents are deceased
  • Declared by a court to be an emancipated minor
  • Unaccompanied youth who is homeless or at risk of becoming homeless

Example 1: If a student married in 2024, in order to meet the financial independence criteria, the student must have been married by September 20, 2024 (Fall Residence Determination Date). Document required: Marriage certificate.

Example 2: If a student turns 24 years of age in 2024, the student must turn 24 by September 20, 2024 (Fall Residence Determination Date).  Documents required: California ID/Driver’s license.

Example 3: If the student is dependent on California residents, the parents must reside in California by September 19, 2023, in order to meet the requirement of more than one year immediately preceding the residence determination date requirement for Fall 2024. Optional documents required: CA tax return, CA Identification Card/Driver’s license.

Students financially dependent on nonresident parents are not eligible for reclassification. As with the initial residence classification, the campus must review the information presented by the student in connection with any subsequent reclassification request and notify the student of its decision. If reclassification is denied, the student has the right to appeal if they meet the criteria for appeals.

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