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California DREAM Team Alliance
AB540

This section will provide information on the Assembly Bill 540, including: history, AB540 form, and the background of AB540 Supporters.

MARCO ANTONIO FIREBAUGH

1966-2006

 

Thanks to his hard work and commitment to improve education, he was able to pass AB 540 in 2001.  

 

Tuesday, March 21, 2006,Former Democratic Assemblyman Marco Firebaugh  passed aways due to liver failure.

 

During a funeral service at the Cathedral of Our Lady of the Angels, retired state Sen. Richard Polanco said Firebaugh was most proud of his work to secure in-state tuition for undocumented students attending college.

"It was Marco's gift to the community," Polanco said of his former staff member. "That singular achievement has fundamentally changed the lives of immigrant students of our state

 

Marco Antonio Firebaugh, serves as an example of a true leader. He knew how to give back to the community. He will be missed; however, his legacy will live on in all the students that embrace higher education and give back to their communites.

 

   

The Law

 

AB 540, signed into law on October 12, 2001, authorizes any student, including undocumented students who meet specific criteria to pay in-state tuition at California’s public colleges and universities (e.g. California Community Colleges, California State University, and University of California). Any student, except a person in nonimmigrant status, who meets the requirements, shall be exempt from paying nonresident tuition at all public colleges and universities in California if they meet the following requirements.

 

AB 540 Eligibility Requirements

 

q       The student must have attended a California high school for 3 or more years

q       The student must have graduated from a California high school or attained the equivalent.

q       The student must have registered or currently be enrolled at an accredited institution of higher education in California.

q       The student must have filed or will file an affidavit as required by individual institutions, stating that he/she will apply for legal residency as soon as possible.

q       The student may not be a non-immigrant holding a valid lettered, non-immigrant visa.[1]

 

AB 540 Affidavit - “CALIFORNIA NON-RESIDENT TUITION EXEMPTION REQUEST”

 

Students must obtain, complete, and submit the AB 540 Affidavit at the appropriate office of the college they WILL attend in order to receive the exemption from nonresident tuition.


[1] Non-immigrant students are not eligible for this exemption. Non-immigrant students, as defined by federal immigration law, may hold one of the following visas: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, TN, TD and V, and TROV and NATO.

 

 

Click here for Non-Resident Tuition Exemption Form

MALDEF AB540 Link

FREQUENTLY ASKED QUESTIONS ABOUT AB540

Q: Is 9th grade included in the definition of “high school” if it is included as part of the middle school? 

 

A: YES, for purposes of eligibility for the tuition exemption, enrollment in the 9th grade, whether at a middle or high school, counts toward the California high school attendance requirement.

 

Q: Does the high school enrollment have to be at the same California school and for three consecutive years?

 

A: NO, the three years for a student’s 9th through 12th grades need not be consecutive or completed at a single California school. For example, if you attended 9th grade at a California middle or high school, left the state to attend 10th grade in another state, and returned to a second qualified California high school to complete 11th and 12th grades, you will have met the requirement of three years of high school attendance in California.

 

Q: What does “has graduated from a California high school or has attained the equivalent” mean?  

 

A student qualifies for AB 540 if he or she has one of the following:

 

a.       A diploma from a California high school; or

b.      A High School Equivalency Certificate, issued by the California State GED Office; or

c.       A Certificate of Proficiency[1], resulting from the California High School Proficiency Examination[2].

 

Q: If I am a student who received a high school certificate of completion instead of a regular high school diploma or GED, am I eligible for the exemption from nonresident tuition (AB 540)?

 

A: YES, provided by Education Code section 68130.5, a student (other than a nonimmigrant) who attends high school for three years in California and receives a certificate of completion from a California high school is eligible for the exemption from nonresident tuition.

 

Q: Does it matter how far in the past a student graduated from high school to be eligible for nonresident tuition exemption?

 

A: NO, it does not matter how long ago the student graduated from a California high school or attained the equivalent.

 

Q: Is there a maximum number of years for which I am eligible to receive this exemption?

 

A: NO, there is no cap on the maximum number of years you can receive this exemption.

 

Q: Do I need to be in the legalization process to qualify for AB 540? 

A: NO, both students that are already in the process and those that are not yet in the process qualify for AB 540.  But remember that the affidavit that students sign says that they will start the process as soon as they are eligible to do so.

 

Q: Can I utilize AB 540 at a private university or technical college like USC, Stanford, Heald College, Bryman College, etc?

A: NO, AB 540 is utilized only by PUBLIC community colleges and universities in California (CSU/UC), therefore students attending a private institution may be charged the non-resident tuition.

Q: Do adult school students qualify for AB 540?
           
A: Students who have completed 3 years of adult school or finished their GED through an adult school MAY qualify for AB 540 if the community college they wish to attend considers it equivalent to high school.  Check with a representative at your college who is knowledgeable about AB 540 to find out about your college’s requirements.

 

Q: Are “home schooled” students eligible under AB 540?

 

A: A student who is “home-schooled” by a parent or other person who did not hold a California teacher credential is NOT eligible, because that “school” would not meet the definition of a “high school in California.”

 

Q: Can students living out-of-state enroll in a private California “Internet high school,” complete their coursework via distance learning or correspondence, and meet the California high school enrollment and graduation requirements?

 

A: NO, this type of private school would not meet the requirements of Section 48222 of the California Education Code, which defines a “high school in California” for the purposes of eligibility.

 

Q: Does qualifying for AB 540 allow a student to receive financial aid?

 

A:  Undocumented students are not eligible for state (CalGrant) and federal (FAFSA) financial aid. Some colleges may offer financial aid to undocumented students, so visit your college’s financial aid office to find out.  However, if the exemption is granted, it could impact the amount and, possibly type, or financial aid the student might receive. Undocumented students are not eligible for federal (e.g. Pell, SEOG) or state (e.g., BOGG Fee Waiver, EOPS & Cal Grant) financial aid, however, scholarships are available. See websites links and lists at the back of this resource guide for more information on scholarship opportunities.

           

Q: I pay or have paid out-of state tuition, but I am now eligible to pay in-state tuition under the new law (AB 540). Will I be able to get a refund?

 

A: You will not be eligible for a refund if you paid out-of-state tuition for any term before January 1, 2002. You may be eligible for a refund only if you have paid out-of-state tuition for any term that begins on or after January 1, 2002. Contact the university or college administration for more information.

 

Q: Does this new policy change a student’s residence status?

 

A: No. This new policy does not grant residency status; rather, the new policy exempts/waives you from paying nonresident tuition. You will continue to be classified as a nonresident.

 

 

Q: Is the affidavit confidential?

 

A: Yes. The affidavit will be filed with the college or university- not the USCIS (United States Citizenship and Immigration Service).

 

 

KNOW YOUR RIGHTS!

As an undocumented student it is important for you to know your rights.

 

ü                  You cannot be denied admission to a California college or university based on your immigration status.

ü                  You are not required to show a state issued ID and social security card to apply for admission to a California college or university.

ü                  You are not required to pay out-of state, international, capital outlay, or penalty fees (which may be charged to out-of-state and or international students) to enroll at a California college or university, if you qualify for AB 540.

ü                  You are not required to show proof of legal residency status or proof of application for legal residency status.

 

*If you need help: Some college/university staff may be unaware of AB 540 or may interpret the law incorrectly.  If you feel that  your rights under AB 540 have been denied, contact the Mexican American Legal Defense and Education Fund (MALDEF) at 213.629.2512, for assistance. 


[1] California law requires that the Certificate of Proficiency be equivalent to a high school diploma. A student who receives a Certificate of Proficiency may, with verified parental approval, leave high school early. The Certificate of Proficiency, however, is not equivalent to completing all course work required for regular graduation from high school. If a student is planning to continue his or her studies in a college or university, they should contact the admissions office of the institution they plan to attend so that the student may understand that institution’s admission requirements including whether or not the Certificate of Proficiency will be sufficient for admission.

 

[2] The California High School Proficiency Examination (CHSPE) is a voluntary test that assesses proficiency in basic reading, writing, and mathematics skills taught in public schools. Eligible persons who pass the CHSPE are awarded a Certificate of Proficiency by the California State Board of Education. The test is given in English only.  For more information about the CHSPE go to www.cde.ca.gov/ta/tg/sp/chspefaq.asp.

For more information on AB540 visit our links page.