AB 540, the new law authorized by the California State Legislature in January 2002, provided increased access for nonresident students by allowing them the opportunity to be considered for nonresident tuition exemption. Prior to the legislation, undocumented students who were admissible to colleges were subject to payment of nonresident tuition, which for many put the opportunity for public postsecondary education out of reach. These students were faced with paying fees that were many times higher than the fees paid by resident students.
The implementation of AB 540 has far reaching implications for students and institutions as well. Non-resident students who attended three years of high school in California and earned a California high school diploma or equivalent are now exempt from paying non-resident tuition. Additionally, institutions benefit from AB 540 because they can now report these students for apportionment purposes. In the past, these students were considered nonresident and therefore not included FTES apportionment.
Initially, opponents of this legislation argued that AB 540 was, in effect, discriminatory because it did not apply to U.S. citizens and legal immigrants who were residents of states other than California. However, after the public comment period, and before the final adoption, the law was changed to include U.S. citizens and legal immigrants who met the high school attendance and graduation requirements. Further, it was argued that the implication of this legislation was that California might become a haven for those immigrants who are undocumented.
Proponents include many students who have spent their entire educational career in California. This population argued that they should have equal opportunity for higher education and that, in most cases, they were not the decision makers in their parent’s choice to live here illegally.
This legislation created some structure for those struggling with accommodating a growing immigrant population. At the Chabot-Las Positas Community College District (CLPCCD), we took a proactive approach to manage this burgeoning problem for students who were reluctant to tackle the admission and financial aid bureaucracy. A chronology of the implementation of AB 540 at the CLPCCD appears below:
Implementation Chronology of AB 540 at Chabot College
| November 2001 |
California Community Colleges Chancellor’s Office (CCCCO) informed all colleges and Admissions & Records administrators of AB 540 regulations. Advised effective regulatory date of January 1, 2002. Colleges received guidelines, charter, and sample affidavit. |
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| December 2001 |
District meeting held to develop local procedures and forms January 2002
Data codes developed for BANNER implementation. Discussed implementation with college administrative staff.
Received numerous emails from CCCCO and CACCRAO clarifying law and its impact on current Admissions & Records accounting practices.
Received requests from college staff on how to implement and provide information.
News releases begin appearing in local newspapers. Approved extension to all students with outstanding non-resident tuition due.
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| February 2002 |
Admissions & Records sent AB 540 affidavit with memo to 200+ non-resident tuition (excluding F1) students enrolled Spring 2002 semester. Distributed information to high school principals and local community based organizations that provide services to this population. |
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| March 2002 |
Responded to student requests for exemption from non-resident fees.
43 students of the 200+ students who received the affidavit responded. 2 qualified for exemption and 3 were pending HS documentation.
Sent locally developed procedures and forms to CCCCO as requested.
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| April 2002 |
Advised by CCCCO that revised guidelines and mandated affidavit will be distributed after Board of Governor’s officially approved the new regulations. Chancellor’s Office is recommending campuses to include the affidavit in future publications of the Schedules of Classes. CCCCO also provided camera-ready outreach materials to the campuses.
CLPCCD responded to request for information about dissemination of AB 540
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| May 2002 |
Received New Guidelines and intersegmental forms for AB 540 from CCCCO. Revised Guidelines and Information on AB540.
Disseminated first edition of common affidavit to new & returning applicants for Summer Session and Fall Semester.
California Nonresident Tuition Exemption Information
Affidavit
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| June/July, 2002 |
On-going discussion about adult schools and AB 540 eligibility issues
Received notification from CCCCO that the adult school notation in the law was suspended as of July and that districts are encouraged to use best judgment when developing local policies regarding this issue.
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| August 2002 |
Spanish version of affidavit disseminated to colleges and universities. Excepción de la matrícula de no-residente de California |
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| September 2002 |
Currently, Chabot received a total of 124 affidavits including those mentioned in March. 54 qualified for exemptions and 38 are pending high school documentation. Almost all of the 54 students are attending full-time |
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This effort to implement AB 540 throughout all segments of public higher education culminated in a successful endeavor to establish an intersegmental AB 540 affidavit for use throughout all three systems. In May of 2002, the first edition of the intersegmental form was distributed to all three segments of public higher education.
While there have been significant benefits as a result of AB 540, it is has not been implemented without controversy. Providing the documentation necessary for consideration has proven to be difficult and sometimes costly for students. Additionally, students who completed Adult School status may find differences from district to district as to how their status is determined. A recent legal opinion provided by the Chancellor’s Office advises districts to use their “best judgment in the development of local policies regarding the acceptability of attendance in adult school education as one method for students to satisfy the requirement of high school attendance in California in order to qualify for a waiver of nonresident tuition under Education Code 68130.5.”
In our opinion, AB 540 assists community colleges with living up to the mission of providing access and educational opportunity for all California students. By eliminating the barriers that effectively blocked undocumented students, those who have attended California public high schools may now continue to benefit from California public postsecondary education.
Attachments:
Revised Guidelines and Information on AB540.
California Nonresident Tuition Exemption Information
Affidavit
Excepción de la matrícula de no-residente de California
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