On October 12, 2001, Governor Davis signed into law Assembly Bill 540, which adds a new section to the California Education Code. It creates a new exemption from payment of nonresident tuition for certain nonresident students who have attended high school in California and received a high school diploma or its equivalent. This law provides an exemption from paying non-resident fees, however, it does not give the student resident classification status for any other purpose. Students who receive this exemption would be required to establish residency for any state-funded program (EOPS, BOGW, Financial Aid).
CAN IT WORK FOR YOU?
Read the following questions and answers below to find out.
Question: What is the criteria?
Answer: Students must meet all of the following criteria:
- Attended a California high school for three or more years.
- Graduation or attainment of graduation equivalency from a California High School.
- Enrollment at a college not earlier than the Fall 2001 semester.
- Undocumented persons must complete an affidavit stating that he/she has filed an application to legalize his or her immigration status, or will do so as soon as he/she is eligible.
Question: Does this mean that a student who is a US citizen or an undocumented immigrant, who graduated from a California High School many years ago is also eligible?
Question: If the student graduated from a California high school several years ago, moved out of state and has now returned to California to attend college – is he/she eligible?
Question: Are students who have been living here in California, and are holders of a visa that is precluded from establishing domicile in the United States (B-1, B-2, C, D-1, D-2, F-1, F-2, H-2, H-3, J1, J-2, M-1, M-2 O-2, P-1, P-2, P-3, P-4, Q (NAFTA), TN and TD) eligible to use AB540?
Answer: No. These persons are not eligible for this exemption unless they have applied to INS for a change of status to a classification other than nonimmigrant alien.
Question: What if the student is out of status – but has not filed for a change of status through INS?
Answer : This student would be eligible.
Question: Do we have to require proof from the student?
Answer : According to the Chancellor's Office, we only require the signed affidavit.
NOTE: Non-resident students using this exemption will still be required to sign the non-resident forms
Click here to download the AB540 Form (PDF)
THIS INFORMATION IS AVAILABLE IN ALTERNATE MEDIA
TO REQUEST PLEASE CALL (619) 482-6512 OR TTY (619) 482-6470