2019-37: Proposed Changes to Support Undocumented Students from Immigrants Rising

Request No.	2019-37
Date of Request	5-31-19
Requester	Emily Gerofsky - CCC Foundation for Immigrants Rising
Application(s)	Standard
Section / Page	Citizenship
Steering Hearing Date	8.13.19 (sub-committee meeting coming)
Proposed Change to Download File	TBD
Proposed Change to Residency Logic	TBD

Problem / Issue

Proposed Edits to CCCApply from Immigrants Rising

The student advocacy organization, "Immigrants Rising" has reviewed the CCCApply application and found several issues with ambiguous language, and highlighted several concerns regarding accessibility within the application for undocumented and DACA students. Screenshots were shared with various undocumented students and CCC educators to help identify concerns and agree upon proposed language/suggestions.

Concerns are that these issues are very likely reducing the enrollment of a growing population in California’s Community Colleges.

10/4/19: When we received this list of changes from Immigrants Rising in Ma 2019, CCCApply had already begun drafting options to streamline the Social Security question, including the legal language that appears on screen; and therefore many of their specific changes were moot due to pending change. The change request document for the SSN Revision can be found here: 2018-34: Revise Social Security Number Question
As the changes to the SSN have not yet been developed, the suggestions from Immigrants Rising are being taken under consideration now.

Federal Advocacy

It is more important than ever for California community college stakeholders to be engaged in advocacy efforts at the federal level to ensure our colleges can continue to offer quality public education to California students. The League has identified several critical federal advocacy issues and developed supplemental documents to assist you in advocating for California's community colleges.

AP 5017

11.15.19 - Information around AP 5017 was circulating on the Admissions listserv. This document - put together by Allan Hancock College - was also shared with Nancy Jodaitis, Immigrants Rising.

AP 5017 Responding to Inquiries of Immigration Status.pdf

See also, language for SB 68. Should we make Citizenship language stronger?

Summary of Proposed Changes by Immigrants Rising

~~Revise language and layout of the SSN number~~
~~Revise language in the Financial Aid Acknowledgment checkbox~~
Revise language in the SSN Type question
Add Link to IRS for Nonresident Aliens
~~Move up the SSN Exceptions question~~
~~Encouragement to Provide SSN~~
Privacy Policy needs to be updated
Fear of Disclosing Personal Information in Parent/Guardian Information Section
Add Language about Discriminatory Practices up under ? Gender / Citizenship/Military sections?
“No documents” is very small font
Visa Type: Other
ADD to “California Residence” for Tuition Purposes
Support for Undocumented Students

Proposed Changes from Immigrants Rising

The document contains a series of proposed changes. Each one is listed below with a summary of the response from CCCApply.

NEW issues to review:

Revise the "No Documents"

Description of Issue	Our Response	Notes / Requirements
CCCApply Privacy Policy is outdated; Privacy policy does not include FERPA or SB 54, only info practices act of 1977. Suggestion: Add FERPA and SB54 to privacy policy.	Our Response: This change is on the roadmap. The CCCTC Communications team is working on a combined MyPath - CCCApply-OpenCCC privacy policy and Terms of Use. This suggestion will be passed on to that team.	REQUIREMENT: Update Privacy Policy & Terms of Use. (Under determination)
Add Link to IRS for Nonresident Aliens Suggestion: Add a link to nonresident aliens: (the IRS definition seems like a good one: https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens)	Our Response: It's NOT our policy to include links in the CCCApply applications which takes the user away from the application, and given the amount of text we are already placing behind the hyperlink, we would rather have colleges send an email or notification to students who indicate they are "Exceptions" by clicking the "SSN Exceptions" checkbox after stating they have no SSN. However, I do agree that the IRS information provided in the link is valuable for the colleges and could be transferred into a MyPath checklist notification.	N/A
Fear of Disclosing Personal Information in Parent/Guardian Information Section Students are worried to put in their parents’ information without knowing that it is protected under federal and state law. Information about residency could cause confusion about eligibility for AB540 and SB68 Suggestions: After “By CA law...circumstances.” Add “ This information is protected by federal and state laws.” Put “The following... residency.” into separate paragraph. After “Your response..college”, add “ Non-residents who meet eligibility requirements can apply for AB540/SB68.”	Our Response: Update the text in the Parent/Guardian Information section (additional information) as suggested to support student identity and reduce ambiguity. After “By CA law...circumstances.” Add “ This information is protected by federal and state laws.” Put “The following... residency.” into separate paragraph. After “Your response..college”, add “ Non-residents who meet eligibility requirements can apply for AB540/SB68.” By California law, determining your residency for tuition purposes is based on the residency of your parent(s) or guardian(s) until you are 19 years of age, except in certain special circumstances. This information is protected by federal and state laws. The following questions will be used to determine whether or not you need to provide your information or your parent or guardian's information for the purpose of determining residency for tuition purposes. This information is protected by federal and state laws and will not affect your admission to college. Nonresidents who meet eligibility requirements may apply for AB540 for instate tuition /SB68	REQUIREMENT: Update the text in the Parent/Guardian Information section (additional information) as suggested to support student identity and reduce ambiguity. After the text, “By CA law...circumstances.” Add “ This information is protected by federal and state laws.” Put “The following... residency.” into separate paragraph. After “Your response..college”, add “ Non-residents who meet eligibility requirements can apply for AB540/SB68.”
Sexual Orientation & Transgender Students are concerned that it is unsafe to state this information and don’t know how it will be shared Suggestion: Add this language under the citizenship box: This information will be used for admissions and state reporting purposes. It will not be used for a discriminatory purpose By law, your responses are kept private and secure.	Our Response: Add this language under the citizenship box: This information will be used for admissions and state reporting purposes. It will not be used for a discriminatory purpose By law, your responses are kept private and secure.	REQUIREMENT: Update the language in Gender section with the proposed additional information language, as follows: Add this language under the additional information language displayed in the Gender section: This information will be used for admissions and state reporting purposes. It will not be used for a discriminatory purpose By law, your responses are kept private and secure.
Citizenship / Visa Type “No documents” is very small font and is not very clear because it could be interpreted as I don’t have my documents with me. Suggestion Use: bigger Font for No Documents ADD Including Undocumented, DACA, AB 540/SB 68 after “No documents” So it would read: No Documents (Including Undocumented, DACA, AB 540/SB 68)	Our Response: I~~ncrease the font size for "No documents"~~ Add text to label/question text: AP 5017: Shall not use this information for admissions or enrollment.	REQUIREMENT: Increase the font size in the "No documents" label/checkbox to the same size as the question text size.
Visa Type: Other If you choose "Other" in the Citizenship status, and you don’t see the box, this visa information comes up right away. Then you have to scroll ALL the way down this visa list to choose other again. Suggestion: Move the no documents box (with new proposed language up to right after Citizenship Status drop down menu, before Visa Status.	Our Response: This suggestion will be reviewed by the International steering committee to determine relevancy.	N/A
Concern: In reading the date below, many students could assume they meet the residency if they have been in CA since this date (as if it’s physical presence alone that decides it) Suggestions: ADD to “California Residence” for Tuition Purposes Add a link to what requirements are for CA residency for tuition purposes, with info regarding non-resident tuition exemptions (including AB 540/SB 68)	Our Response: Currently we don't link out to additional information because we don't want to link the student out of the application for any reason. Usually, if it there's a critical need we will add Help text to clarify ambiguous language to avoid adding a hassle or barrier to the application workflow. However, this information could be added to the Support pages we are considering.	NA/ for now
Support for Undocumented Students No listing of support for undocumented students Suggestion : Add Undocumented Student Support”in programs and services	Our Response: This suggestion will be reviewed by CCCApply & MyPath Steering committees. If approved, we will add to Programs & Services in Needs & Interests page.	N/A for now

TO BE REVIEWED BY STEERING COMMITTEES

Language from Gender and Sexual Orientation

This information will be used for state and federal reporting purposes. It is optional and voluntary and will not be used for a discriminatory purpose. "Gender" in this context, means a person's sex, or a person's gender identity and gender expression .

Gender 2. -- Select Gender -- Female Male

Decline to state 3. Do you consider yourself transgender ? 4. -- Select Transgender Response -- Yes

No Decline to State

Sexual Orientation

By California law, the California Community Colleges collect voluntary demographic information regarding the sexual orientation, gender identity, and gender expression of students.

This information is used for summary demographic reporting and will not be used for a discriminatory purpose.
Your responses are kept private and secure.
Providing this information is optional. 1. Please indicate your sexual orientation

See also, language for SB 68. Should we make Citizenship language stronger? LANGUAGE from SB 68 information obtained in the implementation of this section is confidential, shall be used only to administer tuition payments pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed without the written consent of the student, except as necessary to administer this section, or as otherwise required by California law or a state or federal court order.

Issue - How to give applicants access to the Privacy Policy from within the SSN question / application? (See detail below).

SSN Related Only

The suggestions below are under-review for language/context. The layout redesign resolves some of the issues presented in the suggestions; however, the changes to language are still being considered.

Add "including students in noncredit classes, international students, undocumented students and non-resident aliens." in the SSN Exceptions and No SSN languaeg.

Concern & Immigrants Rising's Suggestion	CCCApply's Response	Requirements
Social Security Number Concern: "There is a lot of language in the question and if your eye is skimming it, key words are” required” “federal law”, “failure to provide” “penalty levied against the student” which could create a lot of fear."	Our response: We have a comprehensive revision proposed for the SSN question that has already passed the preliminary approval but a second review by Immigrants Rising would be ideal. The proposed revision includes a new streamlined layout, with all the required legal language moved to a slider drawer (accessed by a series of hyperlinks).	None No additional changes beyond what is already planned for SSN revision. NOTE: At this time, we have not been able to get Legal Office help on whether any of the existing legal language can be removed from the question/application; therefore, none of the language has been changed or removed, we've just placed it behind hyperlinks and help icons. See below.
Acknowledge Financial Aid Checkbox The sentence that reads “I plan to apply for admission to college or financial aid” directly under SSN could easily lead students to believe that an SSN is required for admission or fin aid, which is not true. Suggestion: Add However, it is not required for admission after “The SSN... facilitate financial aid.”	Our response: This checkbox question is gone or going away in the revision, so the new language proposed will not be included in question text. The <ack_fin_aid> flag behind the checkbox was removed several years ago, and therefore no data field needs to be removed by the college.	No additional changes beyond what is already planned for SSN revision.
Federal Statement about SSN Exceptions A lot of students get confused about “non-resident aliens” And believe that undocumented students fall into this category. Suggestion: Add the following after: “Federal law requires...... with a few exceptions” including students in noncredit classes, international students, undocumented students and non-resident aliens.	Our Response The text in the SSN Exception question can be revised. We will add "students in noncredit classes and undocumented students"...to our existing language. It should read: "...including students in noncredit classes, international students, undocumented students, non-resident aliens, and other exceptions." We can also increase the font size in the question and additional information text.	REQUIREMENT: Update text in the SSN language that is staying with SSN Revision change. Update font size in both conditional checkboxes: No SSN and SSN Exception.
Move up the SSN Exception question and text “Check this box” immediately below the SSN Type field and prompt text, "Please indicate the type of number: SSN or Tax ID Number".	Our Response: The SSN Type field is being removed from display to the end user. Logic is being added to the SSN input text fields to determine which type of SSN is being entered. SSN's never begin with the number 9. Taxpayer ID's ONLY begin with the number 9. This field will be auto-populated depending on which type of number is entered.	None No additional changes beyond what is already planned for SSN revision.
Encouragement to Provide SSN Even though I've indicated no SSN or ITIn in account creation, it still tells me it’s important to provide one in my school application. Suggestion: Use a conditional formula to program to determine if it ask me again if I don’t have a social security number.	Our Response: We removed the SSN Encouragement language (nudge) pop-up in September 2018.	N/A

Screen shots for the original New SSN Layout (mobile view) Due to the work being performed by the CCC Foundation in support of the SSN revision, the follow draft screens may no longer be valid. They were created based on the original "New SSN Layout" which included several hyperlinked words that would display chunks of legal language in the right-hand slider drawer.
		This language would appear when the user clicks on the hyperlink, "Why am I being asked for my Social Security Number?"
		This language would appear when the user clicks on the hyperlink, "*Penalties"*
		This language would appear when the user clicks on the Hover Help question mark icon next to the Social Security Number field or the Confirm Social Security Number field.
		This language would appear when the user clicks on the hyperlink, "Privacy Policy?" PROBLEM: Currently, the only existing hyperlink for "Privacy Policy" is within text that is to be moved into the slider drawer. We would need to expose the link in the onscreen text, I believe, to streamline access to this information.
Move up the SSN Exception question and text “Check this box” immediately below the SSN Type field and prompt text, "Please indicate the type of number: SSN or Tax ID Number".	Our Response: The SSN Type field is being removed from display to the end user. Logic is being added to the SSN input text fields to determine which type of SSN is being entered. SSN's never begin with the number 9. Taxpayer ID's ONLY begin with the number 9. This field will be auto-populated depending on which type of number is entered.	None No additional changes beyond what is already planned for SSN revision.
Encouragement to Provide SSN Even though I've indicated no SSN or ITIn in account creation, it still tells me it’s important to provide one in my school application. Suggestion: Use a conditional formula to program to determine if it ask me again if I don’t have a social security number.	Our Response: We removed the SSN Encouragement language (nudge) pop-up in September 2018.	N/A

Supporting Documentation

Definitions

Taxation of Nonresident Aliens

NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040NR, U.S. Nonresident Alien Income Tax Return (or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

Foreign Students & Scholars

Description	File Type	URL	Notes

Click here to expand...

CALIFORNIA COMMUNITY COLLEGES FEDERAL PRIORITIES
F E B R U A R Y 2 0 1 9

Background

California Community Colleges (CCC) is the largest system of public higher education in the United States. Our 115 colleges across 73 districts serve 2.2 million students, which includes two-thirds of the undergraduate students in the state of California. One in four community college students in the nation is enrolled at our colleges, and our tuition is the lowest in the country.

The CCC system and its individual colleges are the backbone of higher education in the state and the leading provider of career and workforce training in the country. Our students generally are over the age of 25, and they come to us from urban and rural parts of the state. Most students who attend our community colleges say they aspire to move on to a four-year college or university. CCC institutions also serve the diverse needs of mid-career professionals looking to boost their skills as they move up the career ladder, immigrants striving to improve their English language skills, entrepreneurs looking to start a small business, and retirees looking to take up a new interest to maintain their cognitive skills.

Nevertheless, community colleges continue to face significant challenges. Older and working adults too often are left behind due to the lack of financial supports needed to help balance work, childcare, and academic demands. Many of our students struggle to make ends meet due to a financial aid structure that does not provide sufficient assistance with non-tuition related costs. Federal leadership is more important than ever to strengthen this largest system of higher education in America.

CCC's 115 colleges across 73 districts serve2.2 million students, which includes two-thirds of the undergraduate students in the state. Faculty and campus leaders support continuing protections for DACA participants, coupled with legislation establishing a pathway to citizenship. Of the 223,000 DACA participants in California (out of 800,000 nationally), approximately 72,000 are enrolled in one of the CCC institutions.

In addition to its social and humanitarian imperatives, DACA has vast economic benefits for our country. A study by CATO Institute notes that the elimination of DACA would cost the federal government $60 billion in tax revenues, with the overall economy likely to shrink by $215 billion.

Deferred Action for Childhood Arrival

Codify DACA protections into law. Provide a permanent path to citizenship for DACA students. Provide eligibility for Title IV grant aid, including Pell Grants and Work-Study.
The proposed cancellation of the program has put the educational future of many of our students in doubt. Thus, we urge Congress to pass comprehensive immigration reform that, at a minimum, would accomplish the following.

Targeted investments in workforce education are key to increasing the nation's economic competitiveness. CCC institutions are well-positioned to work with the federal government to prepare a skilled workforce that meets the needs of a changing job market. Through a continued partnership with the federal government, California Community Colleges will help provide the career education necessary to build economic growth in the 21st Century. Specifically, to ensure that this partnership is successful, we recommend increased funding for the following programs. A Workforce for the 21st Century Perkins Act Grants help both high school and community colleges offer career technical education courses and incentivize the two systems to build strong partnerships. Workforce, Innovation and Opportunity Act programs provide vital funding for job training to dislocated workers, low-income adults and at-risk youth.

Of the 223,000 DACA participants in California approximately 72,000 are enrolled in one of the CCC institutions.
California Community Colleges will help provide the career education necessary to build economic growth in the
21st Century.

Higher Education Act Reauthorization

The success of the California Community Colleges is dependent on continuing our strong partnership with the federal government. In approaching the Higher Education Act reauthorization, the California Community Colleges encourage Congress to consider the following priorities and principles: Maintain Protections and Simplify Processes. The Department of Education rightly should serve as a gatekeeper regarding subsidized student loans and target subsidized loans to students in programs that will provide clear pathways toward well-paying careers. This not only serves as a form of consumer protection for students, but it also minimizes the exposure taxpayers face when a student defaults on his or her loan. However, the CCC system has a very low loan participation rate, greatly increasing the significance of just a few loan defaults. We request continuation of protections for institutions with low loan-participation rates in any proposed accountability framework, and we ask for measures to simplify the process.

Simplify Financial Aid. Our colleges and students have benefitted from changes to the Free Application for Federal Student Aid (FAFSA), including allowing the use of prior-prior year tax data and early availability of the FAFSA. However, too many community college students continue to face obstacles in completing the FAFSA, including verification burdens that disproportionately impact low-income students. It is our strong hope that Congress and the Department of Education will engage students and community college leadership in the next iteration of FAFSA simplification.
Ensure Effective Oversight. The federal government has a responsibility to ensure that colleges receiving taxpayer funds provide a quality education to students. CCC has invested in accountability frameworks aimed at measuring success, including the Student Success Scorecard and the Institutional Effectiveness Partnership Initiative (IEPI) indicators. Similarly, Congress should consider ways to ensure robust oversight that protects students from bad actors, largely concentrated in the for-profit sector, and allows public colleges to focus more on educational outcomes and less on administrative tasks.

More than 1/3 of our students experience housing insecurity and 12% experience food scarcity.

Keep College Affordable.

California has the largest "free tuition" program in the nation; nearly half of all community college students and 70 percent of full-time students receive tuition waivers under the California College Promise Grant. Yet, students face substantial financial barriers to completion. More than a third of our students experience housing insecurity and 12 percent experience food scarcity. Inadequate financial aid forces students to take fewer classes or work longer hours -- choices that make them less likely to be successful academically. Increased access and funding for Pell Grants and keeping federal student loans affordable are essential to reducing debt burdens and enhancing college completion for low- and moderate-income community college students.

Expanding Access to Student-Level Data. CCC has made great strides to expand access to data that allow students and the public to receive accurate, relevant, and representative
information to be able to know what they can expect in return for their investment of time and money. However, our institutions have a difficult time providing complete data because only the federal government has ac earn current federal limitation on data collection could be lifted fo a students who receive federal financial aid.

Community College League of California
2017 O Street
Sacramento, CA 95811
phone: (916) 444-8641
email: cclc@ccleague.org
California Community Colleges
Chancellor's Office
1102 Q Street
Sacramento, CA 95811
phone: (916) 445-8752
email: info@cccco.edu

Dependencies, Risks and/or Reporting Requirements?

Question	Which data field(s)?	What/How?
Would this change affect an existing question or data field on the Standard Application?	<fin_aid> <ssn_type> Language changes throughout	Text changes only
Would this change affect an existing question or data field on the International Application?	Same fields
Would this change affect an existing question or data field on the Promise Grant Application?
Would Account (OpenCCC) data be affected by this change?	SSN Text
Does the question or data field align to an MIS reporting requirement now?
Does this change affect any other state or federal regulations or requirements?
Would this change affect existing residency logic?
Would any other data fields be affected by this change?
Would students users be affected by this change?
Would colleges be affected by this change?
Would the Download Client be affected by this change?
What other tech center web services will be affected by this change?		i.e., Glue staging table?
Other dependencies?
Other implementation considerations?