2019-44: Update the AB540 Eligibility Logic in CCCApply

Problem / Issue

During a review of the current application workflow, including the submission and post-submission process for undocumented/nonresidents, and she pointed out that our AB 540 logic is out-dated and needs to be updated ASAP.  Additional education information must be included - above the two high school values and the visa types.  

Nancy Jodaitis from Immigrants Rising will review the details in the Standard Data Dictionary and submit a detailed set of requirements for updates to this important eligibility 

REFERENCE: https://ab540.com/

Reference: https://immigrantsrising.org/wp-content/uploads/Immigrants-Rising_Understand-the-Differences-In-State-Tuition-and-CA-Dream-Act.pdf

Proposed Solution

Information about AB540

AB 540 or the California Nonresident Tuition Exemption, also known as the AB540 Affidavit. Once you are admitted to a California public college or university you can submit the California Nonresident Tuition Exemption Request. As long as you maintain continuous enrollment once you have been granted the exemption you will continue to be charged the in-state tuition rate.

AB 540 has attendance, coursework and graduation Requirements. As a result of AB 540 you can apply for exemption from out-of-state tuition. This is a brief summary of the requirements. For a full listing see the “What is AB 540” page.

Coursework and Graduation Requirements

• A total attainment of coursework credits earned equivalent to three years or more at any California high school.
• High school graduation diploma, or GED, or attainment of an associate degree or fulfillment of the minimum transfer requirements established for the California State University or the University of California.

Attendance Requirements

• Total attendance of three years in a California school equivalent to three years of full time attendance at a California high school, elementary or middle school, adult school, California Community College, or in combination of these schools.
• Must register or be currently enrolled at an accredited institution of public higher education in California.
• Must file or will file an affidavit as required by individual institutions, stating that the filer will apply for legal residency as soon as possible.
• Must not hold a valid non-immigrant visa.

If your dream is to go to the finest college or university you have to work hard in K-12, take college preparatory courses (i.e. the UC and CSU A-G course list) from the 8th to 12th grade, take high school advanced placement courses, and stayed out of trouble.

Fears

Undocumented parents live with the fear of deportation and they strongly caution their children to keep their immigration status private. Therefore, students heed their parent’s warning and are reluctant to talk to teachers and counselors about their situation and the constraints of being undocumented. If a student’s parent is fearful about disclosure, it may be helpful to tell the parent that there is a law that protects the privacy of Kindergarten – 12th grade students, college students and parents. That law is called FERPA – the Family Educational Rights and Privacy Act.

About FERPA 

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. As a result, universities cannot release the student’s information, including the fact that they are undocumented, except under very specific circumstances, such as a court order. 

Supporting Documentation

Dependencies, Risks and/or Reporting Requirements?