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College Guide

7. Students with AB 540 Status

What is the AB 540 law?

SUTAAB 540 is a California state law that that allows qualified undocumented students to pay in-state tuition instead of out-of-state tuition at California’s public higher education institutions. The law was passed on October 12, 2001 and will soon be 10 years old.

Who Is an AB 540 Student?

It may seem as though you do not have the option to continue your education after high school. High out-of-state tuition makes a higher education out of reach for most students. However, under the AB 540 law in California, students with AB 540 status can pay the more affordable in-state tuition if they meet the requirements. There are also a lot of scholarships for AB 540 students and a wide network of people who are willing to help you. Do not let your fears get in the way of your dreams and an opportunity that will not only benefit you, but your community as well.

Students with AB 540 status meet the following requirements:

  • Be an undocumented student
  • Have attended a California high school for three or more academic years (they do not need to be consecutive, but must be between grades 9-12)
  • Have or will graduate from a California high school; or, have received a GED or received a passing grade on the California High School Proficiency Exam (CHSPE)
  • Register or be currently enrolled at an accredited public institution of higher education in California
  • File or plan to file an affidavit as required by individual institutions stating that you will apply for legal residency as soon as possible
  • Not hold a valid non-immigrant visa (F,J,H,L,A,E)

Students are often not eligible for AB 540 because they do not meet the three-year attendance requirement at a California high school. Even if you are not eligible for AB 540, you can still attend a public California college. However, you will need to pay out-of-state tuition. Additionally, you must meet admission requirements and be accepted by the institution.

AB 540 Affidavit

The AB540 affidavit verifies that you meet the educational requirements and certifies your intent to establish legal residency. You must indicate whether (“yes” or “no”) you have graduated from a California high school (or received the equivalent i.e. GED) and attended a California high school for at least three years. You must provide information on all the schools you attended from ninth through twelfth grade and provide high school transcripts to the college you plan to attend. To be exempted from out-of-state tuition, you must fill out the affidavit before you enroll at a college or university. It certifies that you are legalizing your residency status or will file for it as soon as possible.

SUTARESOURCE: Download the California Nonresident Tuition Exemption Request and submit the completed form to your college or university admissions office.

Out of State Exemptions

There are other states that offer out-of-state exemption for undocumented students. The states of New Mexico, New York, Illinois, Kansas, Nebraska, Oklahoma, Texas, Utah, Washington and Wisconsin offer this exemption. However, if you are a resident of California, you cannot extend your eligibility to other states. You must pay out-of-state tuition in states outside of California.

Confidentiality and Privacy

There is a law that protects the privacy of K-12 grade students, parents and college students. The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects student educational records. It applies to all schools receiving federal funds. Consequently, K-12 schools and colleges cannot release information about students, including their residency status (except under very specific circumstances, such as a court order).

More Information

Learn more about AB 540 students. Resources and information about AB 540 students are also available in Spanish.

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