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AB540 - CALIFORNIA NONRESIDENT TUITION EXEMPTION REQUEST
WHAT IS AB540?
On October 12, 2001, Governor Gray Davis signed into law Assembly Bill 540 adding a new section to the California Education Code.
This created a new exemption from the payment of nonresident tuition for certain students who have attended high school in California and received a high school diploma or its equivalent.
Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidents”.
Any student, other than one with United States Citizenship and Immigration Services (USCIS) nonimmigrant visa status (see exception below for students who have been granted T or U visa status), who meets all of the requirements, shall be exempt from paying nonresident tuition at the California Community Colleges, the University of California, and the California State University (all public colleges and universities in California).1
Students who are nonimmigrants who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, sections 1101(a)(15)(T) or (U) are eligible for this exemption.4
Students who are nonimmigrants, other than those with T or U visa status as noted above, [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.
1This exemption to the requirement to pay the nonresident tuition fee is often referred to “AB 540” after the Assembly Bill which enacted the exemption. (Ed. Code, § 68130.5.)
A student is exempt from paying nonresident tuition if the student meets all of the following four requirements:
The student must have:
attended a combination of California high school, adult school, and California Community College for the equivalent of three years or more2 or
attained credits earned in California from a California high school equivalent to three 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 or more years,3 and
The student must have:
graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency exam), or
completed an associate degree from a California Community College, or
completed the minimum requirements at a California Community College for transfer to the California State University or the University of California, and
The student must register as an entering student at, or current enrollment at, an accredited institution of higher education in California, and
The student must file an affidavit with the college or university stating that if the student is a non-citizen without current or valid immigration status, the student has filed an application to legalize immigration status, or will file an application as soon as the student is eligible to do so.
A year’s equivalence at a California Community College is a minimum of 24 semester units of credit or 36 quarter units of credit. For noncredit courses, a year’s attendance is a minimum of 420 hours, 210 hours for a semester, and 140 hours a quarter.
The accumulation of credit and/or non-credit in any academic year shall be calculated in reference to a year’s equivalence. Partial completion in an academic year is allowed.(Example: 12 units of credit courses in an academic year is equal to a semester for purposes of determining eligibility.)
Attendance in credit courses at a California Community College towards the attendance requirements shall not exceed two years of full-time attendance.
2In 2018, Senate Bill 68 was enacted to further expand the AB 540 exemption to allow adult school and noncredit course work to establish eligibility. 3In 2014, Assembly Bill 2000 was enacted amending Education Code section 68130.5 to allow this additional flexibility in meeting the requirements for the exemption.
HOW DO I APPLY?
The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.
You may only use this form if you are currently residing in California. This form is not applicable to students living outside California taking Distance Education classes.
Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.
California Dream Act
WHAT IS THE CALIFORNIA DREAM ACT?
The California Dream Act of 2011, authored by Assembly Member Gil Cedillo (Los Angeles), became law through the passage of two Assembly Bills, AB 130 and AB 131.
AB 130 allows students who meet AB 540 criteria (California Education Code 68130.5(a)) to apply for and receive non-state funded scholarships for public colleges and universities.
AB 131 allows students who meet AB 540 criteria to apply for and receive state-funded financial aid such as institutional grants, community college fee waivers, Cal Grant and Chafee Grant.
For more information regarding the California Dream Act, please visit the Financial Aid website.(click here)
TheFinancial Aid Officeoffers California Dream Act ApplicationWorkshopsin the Oxnard College Student Services Building. Please contact the Financial Aid Office at (805) 678-5828 for additional information.