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

Background Information about AB540

*The text below was taken from the University of California website for "Undocumented Student Resources"

California state legislation

AB 540 is 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
• Not possess a non-immigrant visa

Learn more about AB 540 and how to apply.

The California Dream Act is 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:

• UC scholarships and grants
• Cal Grants
• Chafee Foster Youth Grants
• Other state financial aid

Learn more about the California Dream Act and how to apply for financial aid.

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. 

Requirements Worksheet

Current AB540 Logic in CCCApply

Eligible for AB540 Waiver

Appendix B: Financial Aid Algorithm

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
• CalWorks
• EOPS ‐ Extended Opportunity Programs and Services
• Scholarship information
• Veteran’s 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. 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.”

1. 2.   AND the Preliminary Residency Determination is NOT “1 (Resident)”
2. 3.   AND the “Visa Type is null” OR “Visa Type is T1, T2, T3, T4, T5, U1, U2, U3, U4, U5”.
3. 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.

Supporting Documentation

Suggestion for AB 540 Language Requirements