Facts to know about the AB540 California Law
The AB540 law was passed in 2001 in order to allow undocumented students to pay resident fees in California's public colleges and universities, as long as the student graduates from a California high school with at least three years of residency in the state.
AB540 Students must meet the following requirements:
- High school attendance in California for three or more years.
- Graduation from a California high school or attainment of the equivalent such as a GED.
- Register as an entering student at, or current enrollment at, an accredited institution of higher education in California: University of California, California State University and all community colleges.
- If the person is without a lawful immigration status, the student must complete an affidavit with the public college or university stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.
- Student information provided to the college or university is confidential and protected by Federal law.
History of AB540:
- 1985: The Mexican American Legal Defense and Education Fund argued Plyler V. Doe before the Supreme Count. This decision confirmed that the children of undocumented immigrants were protected under the 14th Amendment due-process clause to receive a public education.
- 1985-1991: The outcome of Leticia A V. UC Regents and California State University System granted undocumented students the position to pay resident fees and qualify for state aid.
- 1991-1992: Los Angeles Superior Court overturned the Leticia A ruling and immediately took away the right to pay resident fees and student aid opportunities.
- 1992-2001: Undocumented students expected to pay non-resident fees and were ineligible for any type of state aid in all UCs, CSUs and community colleges.
- October 12, 2001: Governor Gray Davis signed AB540 into law. The law allows undocumented students to pay resident fees in public colleges and universities, as long as the student graduates from a California high school with at least three years of residency.
- Present: AB540 students and allies begin a state movement to pass the California Dream Act. Since AB540 does not provide Federal or state aid for undocumented students, the California Dream Network is established to bring together a body of students, educators and activists who are determined to see justice prevail in California.
For a detailed overview of the historical events leading to the approval of AB540, visit: "Materials for UC's 2007 Counselor Conferences" powerpoint presentation titled, Assisting Undocumented Students in Higher Education. http://www.universityofcalifornia.edu/educators/counselors/resources/materials/conferences.html
Links for Understanding AB540 as a California Law
MALDEF AB540 Resource Page: The Mexican American Legal Defense and Education Fund provides informative links and handouts that answer AB540 related questions, qualifications and student fee comparisons; offers a link to a copy of the law; and shares an easy to read powerpoint information guide. The resource links are available online in English and Spanish.
Immigrant Legal Resource Center: AB 540 Affidavit & Eligibility Form Instructions:
Instructions to complete the AB540 Affidavit document are provided by the Immigrant Legal Resource Center. One of the requirements included in California's AB540 law is for undocumented students to submit an affidavit. The affidavit, which is available at: (http://reg.ucsc.edu/students/residency/Enterable_AB540.pdf) requires each student to write in where the student went to high school and sign an agreement indicating that the AB540 student has/will apply for permanent residency in the United States. The privacy of the student's information is protected by Federal Law and is used specifically by the student's college institution.
University of California AB540 Tuition Exemption Resource:
The University of California collected a list of AB540 contacts available to assist the AB540 community at each of the 10 UC campuses. The resource also includes commonly asked questions by AB540 students and responses. The document is available by going to: http://www2.ucsc.edu/fin-aid/gen_forms&pubs/ab540%5B1%5D.pdf . A second resource is offered by the UC Office of the President and includes the steps taken by the University of California to adopt the AB540 law and questions they receive from students: http://www.ucop.edu/sas/sfs/docs/ab540_faqs.htm .
College Board: Advising Undocumented Students:
The College Board created a webpage that advises educators with helpful general facts that focus on the financial aid opportunities available for AB540 and undocumented students. The information is available at: http://professionals.collegeboard.com/guidance/financial-aid/undocumented-students
FinAid: Financial Aid and Scholarships for Undocumented Students
FinAid, a very commonly used financial aid resource by financial aid counselors in public and private colleges, created an introductory fact sheet similar to the one published by the College Board. FinAid provides an easy to read overview of the admissions, financial aid and scholarship opportunities available for AB540 students as well as undocumented students. The information guide is available online and in print form at: http://www.finaid.org/otheraid/undocumented.phtml.