Common use of XXX XXXXX PROGRAM ADMINISTRATION – DISBURSEMENT – INSTITUTIONAL RESPONSIBILITIES Clause in Contracts

XXX XXXXX PROGRAM ADMINISTRATION – DISBURSEMENT – INSTITUTIONAL RESPONSIBILITIES. A. Institutions with a main campus outside of the State of California agree to identify which of the Institution’s California campuses the Xxx Xxxxx recipients attend and report this information to the Commission when requested. B. The Institution shall confirm the recipient meets all eligibility and program requirements specified in the CEC, applicable regulations, this Agreement, and the Xxx Xxxxx Program Handbook at the time Xxx Xxxxx funds are paid to the recipient or the recipient’s account. 1) The recipient is a U.S. citizen or an eligible noncitizen [CEC § 69433.9(a)], or after January 1, 2013, the recipient meets the eligibility requirements specified in CEC § 68130.5 and Title 5 CCR § 30002. 2) In the case of a recipient without lawful immigration status, after January 1, 2013, the Institution must maintain an affidavit executed by the recipient stating the recipient has filed an application to legalize their immigration status or will file an application as soon as they are eligible to do so unless the recipient is a U Visa holder. [CEC § 69508.5, § 68130.5 Title 5 CCR § 30002] For those recipients attending more than one institution or who transfer between institutions, each institution is required to maintain an affidavit in its records. 3) The recipient is not in default on any Title IV educational loan or does not owe a refund on any Title IV grant (e.g., Federal Pell or Federal Supplemental Educational Opportunity Grant) or any State grant program administered by the Commission. [CEC § 69507.5 and § 69433.9(d); Title 5 CCR § 30002] 4) The recipient is not incarcerated. [CEC § 69433.9(c); Title 5 CCR § 30002] 5) The recipient meets the California State residency requirements for at least one year as of the residence determination date, with the exception of those students eligible under CEC § 68130.5; Title 5 CCR § 54020. a. The residence determination date may be established by one of the following: i. If the governing board of a public institution has adopted by regulation or policy, a residence determination date [CEC § 68023, Title 5 CCR § 41903, § 54020], that date shall be used for Xxx Xxxxx purposes. ii. The residence determination date for Xxx Xxxxx purposes shall be either the first day of instruction of the term for the award year in which the student is enrolled as a Xxx Xxxxx recipient, or the date the Commission uses to make the preliminary determination of California residency for the purpose of offering a Xxx Xxxxx.1 b. Public institutions shall use the procedures or rules and regulations instituted by their respective governing boards for determining California residency, including resolving conflicting information in the possession of the Institution. [CEC § 68044; Title 5 CCR § 41903, § 54020 and § 54024] 2 c. Non-public institutions may adopt the regulations in Title 5 CCR § 54020 and § 54024, or may develop and document their own and adopt policy consistent with Title 5, CCR § 54020-54024 and CEC § 68060-68062, including the resolution of conflicting information in the possession of the Institution.2 d. Conflicting residency information may include indicators on the Institutional Student Information Record (ISIR), such as: i. Permanent mailing address in a state other than California ii. Driver’s license issued by a state other than California iii. Student’s state of address not California iv. Date of residence determination date not more than a year prior to residence v. (If minor) parent’s state of address not California, vi. (If minor) parent’s date of residence not more than a year prior to residence determination date, or

XXX XXXXX PROGRAM ADMINISTRATION – DISBURSEMENT – INSTITUTIONAL RESPONSIBILITIES. A. Institutions with a main campus outside of the State of California agree to identify which of the Institution’s California campuses the Xxx Xxxxx recipients attend and report this information to the Commission when requested. B. The Institution shall agrees to confirm that the recipient meets all eligibility and program requirements specified in the CEC, applicable regulations, this Agreement, Agreement and the Xxx Xxxxx Program Handbook at the time Xxx Xxxxx funds are paid to the recipient or the recipient’s account. 1) The recipient is a U.S. citizen or an eligible noncitizen [CEC § 69433.9(a)], 69433.9 (a) or after January 1, 2013, the recipient meets the eligibility requirements specified in CEC § 68130.5 and Title 5 CCR § 3000268130.5. 2) In the case of a recipient without lawful immigration status, after January 1, 2013, the Institution must maintain an affidavit executed by the recipient stating that the recipient has filed an application to legalize their his or her immigration status or will file an application as soon as they are he or she is eligible to do so unless the recipient is a U Visa holder. [CEC § 69508.5, § 68130.5 Title 5 CCR § 3000268130.5] For those recipients attending more than one institution or who transfer between institutions, each institution is required to maintain an affidavit in its records. 3) The recipient has met U.S. Selective Service requirements. [CEC 69433.9(b)] 4) The recipient is not in default on any Title IV educational loan or does not owe a refund on any Title IV grant (e.g., e.g. Federal Pell or Federal Supplemental Educational Opportunity Grant) or any State grant program administered by the Commission. [CEC § 69507.5 and § 69433.9(d); Title 5 CCR § 30002] 45) The recipient is not incarcerated. [CEC § 69433.9(c); Title 5 CCR § 30002] 56) The recipient meets the California State residency requirements for at least one year as of the residence determination date, date with the exception of those students eligible under CEC § 68130.5; Title 5 CCR § 54020. a. The residence determination date may be established by one of the following: i. If the governing board of a public institution has adopted by regulation or policy, a residence determination date [CEC § 68023, Title 5 CCR § 41903, § 54020], that date shall be used for Xxx Xxxxx purposes. ii. The residence determination date for Xxx Xxxxx purposes shall be either the first day of instruction of the term for the award year in which the student is enrolled as a Xxx Xxxxx recipient, or the date the Commission uses to make the preliminary determination of California residency for the purpose of offering a Xxx Xxxxx.1 b. Public institutions shall use the procedures or rules and regulations instituted by their respective governing boards for determining California residency, including resolving conflicting information in the possession of the Institution. [CEC § 68044; Title 5 CCR § 41903, § 54020 and § 54024] 268044]2 c. Non-public institutions may adopt the regulations in Title 5 CCR § California Code of Regulations (CCR) 54020 and § 54024, 54024 or they may develop and document their own and adopt policy which is consistent with Title 5, 5 CCR § 54020-54024 and CEC § 68060-68062, including the resolution of conflicting information in the possession of the Institution.2 d. Conflicting residency information may include indicators on the Institutional Student Information Record (ISIR), ) such as: i. Permanent mailing address in a state other than California ii. Driver’s license issued by a state other than California iii. Student’s state of address not California iv. Date of residence determination date not more than a year prior to residence determination date v. (If minor) parent’s state of address not California, vi. (If minor) parent’s date of residence not more than a year prior to , 1 Institutions shall apply the same residence determination datedate(s) to all their students uniformly. 2 The Commission acknowledges the validity of differing residency requirements among the segments of California postsecondary education. Nevertheless, orthe Commission strongly recommends that in the case of a student who has been determined to be a resident, has received a Xxx Xxxxx, and then transfers to another California postsecondary institution, that institutions NOT REESTABLISH residency requirements only in relation to the reception of the student’s Xxx Xxxxx.