CA Educ Code § 68120.3 (2021)
2021 California Code|Education Code - EDC|TITLE 3 - POSTSECONDARY EDUCATION|DIVISION 5 - GENERAL PROVISIONS|PART 41 - UNIFORM STUDENT RESIDENCY REQUIREMENTS|CHAPTER 1 - Student Residency Requirements|ARTICLE 10 - Provisions Related to Particular Institutions|Section 68120.3.

68120.3.  (a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the Hastings College of the Law, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges, from any surviving spouse or surviving child of a deceased person who met all of the following requirements:(1) The deceased person was a resident of this state.(2) The deceased person was a licensed physician or a licensed nurse employed by or under contract with a health facility regulated and licensed by the State Department of Public Health to provide medical services or a first responder employed to provide emergency services as described in Section 8562 of the Government Code.(3) The deceased person’s principal duties consisted of providing medical services or emergency services during the COVID-19 pandemic state of emergency.(4) The deceased person died of COVID-19 during the COVID-19 pandemic state of emergency.(b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child or spouse of a licensed physician, licensed nurse, or first responder, as defined in this section, in addition to the requirements set forth in subdivision (a), shall meet all of the following requirements:(1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a campus of the California Community Colleges.(2) Documentation that the student’s annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant A award, as set forth in Section 69432.7.(3) The surviving child or spouse was a resident of California during the COVID-19 pandemic state of emergency.(c) Any determination of eligibility shall be confirmed through documentation of a certified death certificate and documentation of the deceased’s employment during the COVID-19 pandemic state of emergency provided by the surviving child or spouse.(d) A determination of residency shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition. Exemptions to residency determination shall apply to this section.(e) As used in this section:(1) “COVID-19 pandemic state of emergency” means the period of time from the first declaration of emergency on March 4, 2020, until the Governor lifts the state of emergency.(2) “First responder” has the same definition as in Section 8562 of the Government Code.(3) “Licensed nurse” means a holder of a nursing license for medical care authorized by the Board of Registered Nursing or by the Board of Vocational Nurses and Psychiatric Technicians of the State of California.(4) “Licensed physician” means a holder of a physician’s and surgeon’s certificate who is engaged in the professional practice of providing medical care authorized by the Medical Board of California.(5) “Surviving child” means either of the following:(A) A surviving natural or adopted child of the deceased person.(B) A surviving stepchild who meets both of the following requirements:(i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death.(ii) The stepchild was claimed on the tax form most recently filed by the deceased person prior to that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both.(6) “Surviving spouse” has the same meaning as “spouse” in Section 22171.(f) (1) A surviving spouse is entitled to the fee waiver authorized by this section until January 1, 2033.(2) A surviving child is entitled to the fee waiver authorized by this section until that person attains 30 years of age.(Added by Stats. 2021, Ch. 569, Sec. 1. (AB 1113) Effective January 1, 2022.)