The AB 540 Affidavit
What is AB 540?
Assembly Bill 540 is a law that was passed in 2001 by the California legislature and was amended with Assembly Bill 2000 in 2015. The laws were written for students who are either undocumented or U.S. Citizens/Permanent Residents but are considered ‘non-residents for tuition purposes.’ If these students meet specific requirements, such as attending a CA public institution of higher learning, they are able to pay ‘resident fees’ (in-state tuition) instead of ‘non-resident fees.’
What is SB 68?
Senate Bill 68 is an expansion of AB 540 that went into effect January 1st, 2018. This law counts Adult School hours, hours earned from non-credit courses, and community college units towards the 3-year requirement needed to apply for in-state tuition.
AB 540 and Student Privacy
Information provided to the school by the student will not be shared with any outside entities.
AB 540 forms are worded in a way so as to protect undocumented students from having to declare their status. Undocumented students, including DACA recipients, are grouped with US Citizens and Permanent Residents.
Eligibility Criteria for AB 540/AB 200/SB 68
- A combination of 3 full-time years attended at California schools (see table):
|Type of School||1‑Year Full-time Attendance||3‑Year Full-time Attendance|
|High School||55 Credits||165 Credits|
|Adult School||420 Class Hours||1260 Class Hours|
|Community College (Credit Courses)
*May only use up to 2 years for attendance requirements
|24 Semester‑Credit Units or 36 Quarter‑Credit Units||(Only up to 2 years) 48 Semester‑Credit Units or 72 Quarter‑Credit Units|
|Community College (Non‑Credit Courses)||420 classroom hours||1260 classroom hours|
- Graduate from a California high school and pass the California High School Proficiency Exam OR get a GED (General Equivalency Diploma or Graduate from a California high school or the equivalent (for example: pass the California High School Proficiency Exam OR GED); AND
- Enroll in an accredited California institution of higher education (CCC, CSU, or UC)
- Submit a “Non-Resident Tuition Exemption” Affidavit to the Admissions Office.
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