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
You noted yesterday that CCCApply should be including the California Dream Act Application information on the Special Links & Opportunities page that appears after submission of the application. On that page, for example, some of the links appear based on whether the applicant meets specific requirements, and some links appear for everyone.
Which would the CDAA be?
Is there specific logic that determines who should see this link or should it be displayed for all students?
Should this appear for the Noncredit application too?
AB 540is a California law that allows some nonresident and undocumented students to pay in-state tuition and fees. To be eligible for AB 540, students must:
Have attended a California high school for at least three years
Have graduated (or will graduate) from a high school in California or received a GED or passed California High School Proficiency Exam
Have signed the California Nonresident Exemption Request, which states that the student meets all the requirements to qualify for AB 540 status and, if s/he is undocumented, is in the process of adjusting their immigration status, or will do so as soon as they are eligible
The California Dream Actis made up of two California Assembly Bills: AB 130 and AB 131. Both pieces of legislation enable students who qualify for AB 540 to be eligible for certain types of UC and state financial aid. Together, these bills means that AB 540 students are now eligible for:
AB 540 or theCalifornia 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.
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.
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 calledFERPA – the Family Educational Rights and Privacy Act.
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.
Current AB540 Logic in CCCApply
Eligible for AB540 Waiver
Whether applicant is eligible for AB540 tuition waver, as determined by the Submission Calculation Service
1 = True/Yes
0 = False/No
Alerts college Financial Aid personnel to applicants who are eligible for AB540 tuition waiver.
Determines whether AB540 information and links are included on the Links and Opportunities page.
Populated by Submission Calculation Service; for details, see CCCApply Appendix A: Submission Calculations Service specification.
CCCApply facilitates early awareness of financial assistance in two directions. The application process asks questions about the Needs & Interests of the applicant to alert them to the possibility of financial assistance, and offer links to the online BOG Fee Waiver application and FAFSA federal aid application form. Based on responses to the Needs & Interests questions, CCCApply can send notification to financial aid departments at the same time as the application is downloaded by the college so that financial aid departments can begin their processes of contacting and assisting the applicants.
The process of identifying the student and the information required in the notification to the financial aid departments are outlined below.
AB540 Notification to Students
If the AB540 Eligibility flag is “Yes”, then the following links are automatically generated on the Special Links and Opportunities page:
You may be eligible for a special tuition waiver.
For more information see the Explanation of AB540 Tuition Exemption Para imformacion en Español, lea AB540 Tuition Exemption en Español
Print and mail the AB540 Tuition Exemption Request Form:
PDF version of the AB540 Tuition Exemption Request Form
HTML version of the AB540 Tuition Exemption Request Form
Note: All documents must by ADA‐compliant. The High Technology Center concludes that PDF is not yet generally acceptable, so HTML is the better choice of format for compliance. The forms will be available in both HTML and PDF).
Financial Aid Referral Flag: Identifying Students for Financial Assistance
If a student answers “yes” to any of the following questions from the Needs & Interests section of the application, the Financial Aid Referral Flag (fin_aid_ref) will be set:
Financial help to attend college
Receiving TANF, SSI, or General Assistance
EOPS ‐ Extended Opportunity Programs and Services
Appendix C: AB540 Waiver Algorithm
After the Preliminary Residency Determination is set, the AB540 Eligibility Flag is set according to the following logic:
1. The response to both of the following questions on the Education Page is “Yes”:
“I have graduated from a California high school or have attained the equivalent thereof, such as a High School Equivalency Certificate, issued by the California State GED Office or a Certificate of Proficiency, resulting from the California High School Proficiency Examination.”
“I have attended high school in California for three or more years.”
2. AND the Preliminary Residency Determination is NOT “1 (Resident)”
3. AND the “Visa Type is null” OR “Visa Type is T1, T2, T3, T4, T5, U1, U2, U3, U4, U5”.
4. THEN the AB540 Eligibility flag is “Yes”; otherwise it is “No”.
All data items referred to above, as well as the eligibility flag, are available in the standard download file for all colleges.
Under California law AB 540, certain nonresident students are exempt from paying nonresident supplemental tuition.
If you're granted an AB 540 exemption, you will be charged in-state tuition and fees, and not the supplemental tuition charged to nonresidents.
Who is eligible?
Students (including undocumented students) who, for various reasons, are classified as nonresidents may be eligible.
You must meet all three of the following requirements to be eligible:
1.Time and coursework requirements
Attendance for three full-time years or the equivalent at any combination of the following:
California high school
California adult school (including non-credit courses offered by a California community college)
California community college (maximum of two years of credit bearing courses can count toward this requirement)
Three years of California high school coursework and three years of total attendance at a California elementary school, California secondary school, or any combination of the two.
2. Degree or unit requirements
Meet one of the following requirements:
Graduation from a California high school (or attainment of the equivalent)
Attainment of an associate’s degree from a California community college
Fulfillment of minimum transfer requirements from a California community college to a UC or CSU campus
3. Signed Nonresident Exemption Request
You also must have signed the California Nonresident Exemption Request, which states that you meet all the requirements to qualify for AB 540 status and, if you are undocumented, are in the process of adjusting your immigration status (or will do so as soon as you are eligible).
Who's not eligible:
Students in possession of nonimmigrant visas (including, but not limited to any of the following visas: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T*, TN/TD, TWOV, U*, and NATO) are not eligible for this exemption.
*Except for holders of T and U visas: UC policy permits T and U visa holders with approvedI-485 applicationswho meet the requirements described above to be exempt from nonresident supplemental tuition until they are eligible to establish California residency according to UC policy.
DACAstudents who do not meet the AB 540 tuition requirements, listed above, will not be eligible for the exemption.