CCCApply Sub-Committee: Requirements for AB540/SB68 Compliance

Owned by Patricia Donohue
Last updated: Jan 05, 2020
7 min read
Meeting Information

Meeting Date: Wednesday, December 11 2019   3:00 pm - 4:00 pm

Project Overview

Working with Immigrants Rising on proposed language changes in support of Undocumented and DACA students in CCCApply, a review of our current AB540 eligibility requirements showed that there may be a need for an update to the logic. Furthermore, to support this special population group, we should be including the CA Dream Application on the Special LInks & Opps page in CCCApply.

See Summary

Sub-committee Objectives

  • Meet with sub-committee of college admin and staff interested in supporting CCCApply improvements
  • Provide quick overview of the CCCApply AB540 Eligibility logic 
  • Review updates to AB540 / SB68 / AB2000 
    • Gather and document requirements by stakeholder, application, downstream impacts
    • Discuss contemporaneous language needs relative to AB540 through the application
  • Discuss scope & schedule for Spring 2020 (Q3/Q4)
  • Set priorities and f/u action items

Meeting Take-Aways

  1. Patty to finalize requirements and development Jira to update the AB540 affidavit PDF  that displays linked on the Special Links & Opps page for AB540 eligible students. Approved version attached below.
    1. PDF must be reviewed and approved for accessibility compliance.
    2. PDF must be easily downloadable by mobile and desktop devices.
  2. Many questions and issues were unresolved after two meetings held in December 2019 regarding how to update Apply to comply with new AB540 / AB2000 eligibility requirements; all follow-up items are captured and are being summarized for follow-up meeting in January 2020. 
    1. Questions regarding updating Apply to comply will be confirmed by the CO, including:
      1. Ability for student to declare time/attendance at an Adult School 
      2. Ability for student to declare time/attendance at California community college
      3. Ability for student to declare time/attendance in noncredit programs 
      4. Confirm language changes needed per Immigrants Rising suggestions 
        1. Are completion dates required? 

Feedback from Meeting Participants

Notes from 12.11.19 Meeting:

This meeting was very well attended and we had a very engaged discussion regarding the suggestions from Immigrants Rising.  However, we got into the weeds a bit on how best to update the Education page to comply with the latest AB540 requirements.


Regarding the proposal from Immigrant's Rising to add language to the "No Documents" checkbox in the Citizenship & Immigration Status section, the group discussed pros and cons of revising the checkbox to read, "No documents, including undocumented, DACA and AB540 / SB68."

Lora Blakely, Sierra College:  "My concern with “AB540, undocumented, and DACA” is that it implies AB540 is a legal status. I don’t want a student who is unfamiliar with AB540 to come away from the page thinking AB540 is something that could give them legal protection.

I think a better place to raise awareness for AB540 would be on the Residency page (a note at the top of the page that if they do not qualify for CA residency they may be eligible for reduced tuition through AB540) or the Education page (along with the question asking if they graduated in CA)."


Legal Questions

  • Who is the appropriate decision maker at the CO to approve changes?
  • How is "Attending Adult School" used in the logic?  What is collected if the user selects this HS Ed Level response?
  • Should the "Last HS Attended" question be displayed when the user is attending Adult school.



CHANGES Suggested by Immigrants Rising

  1. Update the AB 540 waiver eligibility algorithm in CCCApply

Expansion in algorithm needed as AB 540 has been expanded to include new regulations under SB 68 (2017).  a) Link to the bill:  b) Link to Immigrants Rising SB Quick Guide

Eligibility now includes adult school, noncredit classes, and two-year maximum of credit classes on top of High school..Additionally, there are new degree requirements beyond the High school diploma: GED, Associates degree, or minimum transfer requirements.



2.  Implement Link to the California Dream Act Application in the Special Links & Opportunities section in CCCApply

A) Expansion within Apply for Financial Aid is needed to include CA Dream Act   CA Dream Act   link is: https://www.csac.ca.gov/california-dream-act

  Add the name and the link to the Special Links & Opps page between the FAFSA and CA Promise bullets under "Apply for Financial Aid"


B) Update AB 540 Tuition Exemption Waiver

  Use Affidavit 2018 version


Legal Advisory 18-02




<< 2019 Information >>

CA STUDENT AID COMMISSION


CALIFORNIA DREAM ACT 

California Nonresident Tuition Exemption

Education Code § 68130.5, as amended, commonly known as AB 540

California Nonresident Tuition Exemption

Education Code § 68130.5, as amended, commonly known as AB 540 California Nonresident Tuition Exemption allows certain students from paying nonresident tuition (higher than resident tuition) and allows them to apply for different types of California Dream Act financial aid.

Students Must Have

  1. Satisfaction of either of the following:
    1. High School attendance in California for three or more years.
    2. Attained credits earned in California from a California high school equivalent to three (3) or more years of full-time high school course work and attended a combination of elementary, middle and/or high schools in California for a total of three (3) or more years, or a combination of those schools. or
    3. Attained credits earned at a California adult school, or
    4. Attained credits at a California Community College, or
    5. A combination of the schools listed above.

  2. Graduated or will graduate from a California high school, or
    1. Attained a General Education Development (GED), High School Equivalency Test (HiSET), Test Assessing Secondary Completion (TASC), or
    2. Attained an associate degree from a California Community College, or
    3. Fulfilled the minimum transfer requirements to transfer from a California Community College to a University of California or California State University, and

  3. Will register or enroll in an accredited and qualifying California college or university, and

  4. If applicable, complete the affidavit stating that you will legalize your immigration status as soon as you are eligible, and

  5. Do not hold a valid non-immigrant visa (A, B, C, D, E, F, J, H, L, etc.) *

**If you have Temporary Protected Status or hold a U Visa you are eligible


AB 1899 allows U and T visa holders to also apply for state financial aid. (T visa holders should file a FAFSA, U visa holders should file a CA Dream Act Application)

If you meet the requirements above, you should complete the CA Dream Act Application for financial aid. (A certified GPA is also necessary for Cal Grant consideration.)

Your college is responsible for verifying your AB 540 eligibility. Check with your Admissions Office early in the summer before the Fall Term starts.


<< Pre-2018 AB540 Information >>

2018 AB540 Logic in CCCApply

The information below is taken from the 2018 CCCApply Standard Application Data Dictionary for reference.)

Eligible for AB540 Waiver

(This is a data field. This specification is taken directly from the CCCApply data dictionary.)

Data Element:

elig_ab540

Description:

Whether applicant is eligible for AB540 tuition waver, as determined by the Submission Calculation Service

Format, Length:

boolean, 1

Values:

1 = True/Yes

0 = False/No

Allows Null:

No

Default:

None

Usage:

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.

Notes:

Populated by Submission Calculation Service; for details, see CCCApply Appendix A: Submission Calculations Service specification.

residency table

Appendix A: Submission Calculation Logic & Residency Algorithmon page 197

Xap Field:

eligibleForWaiver

Revision Log:

~~

2018 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. 


2018 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).


2018 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


2018 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.