The AB 540 Student and Legal History

1
The AB 540 Student and Legal History

• This presentation was originally given by
  Chancellor Rosa Pérez and Dr. Bayinaah Jones on
  April 24, 2007 at the request of the Evergreen
  Valley College Academic Senate

San José/Evergreen Community College Districts
Office of Research Institutional Effectiveness
2
Background

• Since 2001, ten states including Texas,
  California, Utah, Washington, New York, Oklahoma,
  Illinois, Kansas, New Mexico, and Nebraska have
  passed laws permitting some undocumented students
  to pay the same tuition as their classmates at
  public institutions of higher education.
• Source MALDEF Mexican American Legal Defense
  and Educational Fund

3
Immigration in the U.S.

• Immigration laws have evolved related to need for
  skilled and unskilled immigrant workers in our
  country.
• In California, our immigrant population continues
  to grow.
• As a State, our largest immigrant population is
  Latino.

4
Latinos Today Nationwide, the 2000 Census
counted 40 million Latinos. Each year between
65,000 and 80,000 undocumented students graduate
from high schools in the U.S., most of whom are
Latino. Despite the large number of
undocumented youth and legal immigrants who are
Latino, since 2002 over 50 of the children born
in California are Latino.

• In California...
• Close to 11 million Latinos reside in
  California, making it the highest Latino
  populated state in the U.S.
• 41.6 of Californias future generation of
  leaders between the ages of 15-24 will be Latino.
• An estimated 5,000-8,000 undocumented Latino
  immigrants between the ages of 14-20 reside in
  California.
• Source US Census CA Department of Education

5
EVCs Ethnic Make-Up
Source SJECCDs Office of Research
Institutional Effectiveness
6
SJCCs Ethnic Make-Up
Source SJECCDs Office of Research
Institutional Effectiveness
7
English Learners in K-12 Public Schools by Top
10 Languages SpokenSanta Clara County 2005
Source SJECCDs Office of Research
Institutional Effectiveness
8

• What can we as educators do to ensure
  Californias next generation is prepared to
  become tomorrows leaders?
• Be advocates for our students
• Stay informed about current laws policy
• Remain hopeful

9

• Historic Precursors to the Current AB 540 Law

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1982 Plyler vs. DoeU.S. Supreme Court
decision ruling that all students including
undocumented students have the right to a free,
public school education from K-12 grade in the
U.S.
Source MALDEF Mexican American Legal Defense
and Educational Fund
11
1986 Leticia A. vs. the UC Regents
and CSU Board of TrusteesRequired the UC and
CSU to cease the discriminatory practice of
requiring proof of US citizenship/permanent
residency when defining state residency for
tuition purposesBetween 1986-1991 in the UC and
1986-1995 at the CSU, students who met state
residency requirements were able to receive state
financial aid and were charged resident tuition
fees
Source MALDEF Mexican American Legal Defense
and Educational Fund
12
1991 Bradford vs. the UC
RegentsBradford claims that the University
policy resulting from the Leticia A. case is in
direct violation with federal responsibility to
make laws regulating immigration Bradford wins
his case and as a result undocumented students
lose the right to receive state resident tuition
and financial aid
Source MALDEF Mexican American Legal Defense
and Educational Fund
13
1996 Illegal Immigration Reform and
Immigrant Responsibility ActProhibits
immigrant students from accessing any
postsecondary education benefit unless a U.S.
citizen or national is eligible for the same
benefitAny state that provided in-state
tuition to undocumented immigrants must also
provide in-state tuition to out-of-state
residents
Source MALDEF Mexican American Legal Defense
and Educational Fund
14
Assembly Bill 540

• June 2001, Texas governor signs HB 1403 which
  enables immigrant students to qualify as state
  residents for in-state tuition and financial aid.
• In October 2001, Governor Gray Davis signs AB
  540, authored by Marco Antonio Firebaugh
  (Southeast LA Couny State Assemblymember) which
  allowed students who attended a California high
  school and graduated from a California high
  school to be exempt from paying out-of-state
  tuition.
• Undocumented students in Texas and California are
  eligible for this exemption because the law is
  not based on residency, rather it is based on
  high school attendance.

Source MALDEF Mexican American Legal Defense
and Educational Fund
15
For AB 540 Students, the right to pay in-state
tuition is based on High School Attendance NOT
residency of the State or Nation.

• AB 540 students reside in the state of California
• They have attended a CA high school for at least
  3 years
• They graduated from a CA high school or obtained
  their GED
• They are legally allowed to pay in-state tuition

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Legal Residency

• AB 540 DOES NOT ESTABLISH legal residency for
  immigrant students.
• AB 540 permits that the California resident
  tuition also apply to undocumented students who
  meet the AB 540 requirements.

Source MALDEF Mexican American Legal Defense
and Educational Fund
17
Requirements for AB 540 Attend a
California High School for 3 or more years
- there is no time limit on how far in the past
the student might have attained this
status Graduate from a California high school
or receive the equivalent (GED)
Register or be currently enrolled at an
accredited public institution of higher
education in California Sign a statement with
the college or university (NOT with INS)
stating that he/she will apply for legal
residency with the INS as soon as he/she is
able to do so.
Source MALDEF Mexican American Legal Defense
and Educational Fund
18
How does CAHSEE impact the AB 540 student?

• New diploma laws regarding the passing of CAHSEE
  are a moot point as long as AB 540 criterion
  include GED where passing of the CAHSEE is NOT
  required.
• therefore
• Legal Opinion A student (other than a
  non-immigrant) who attends high school for three
  years in California and receives a certificate of
  completion from a California high school is
  eligible for the exemption from nonresident
  tuition provided by Education Code section
  68130.5.

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How does FERPA impact the AB 540 student?
20

• Educational Rights and Privacy Act
• for ALL Students
• The Family Educational Rights and Privacy Act
  of 1974 is a federal law regarding the privacy of
  student records and the obligations of the
  institution, primarily in the areas of release of
  the records and the access provided to these
  records.
• The information that a student shares with a
  college or university is protected by federal
  law.
• Students must sign an affidavit in order to
  qualify for AB 540 relief but the school cannot
  legally share this information with third parties
  including the Department of Immigration and
  Naturalization.

Source MALDEF Mexican American Legal Defense
and Educational Fund
21
This is what our class schedules say about AB 540
students.
22
Evergreen Valley College

• Non-Resident Students
• A resident of another state/country is considered
  a non-resident student, and is required to pay
  out-of-state tuition fees set by the SJ/ECCD
  Board of Trustees.
• AB 540 Eligible Students who have completed
  three or more years in a California high school
  and received a diploma or its equivalent, may be
  exempt from non-resident tuition. These students
  need to complete an Affidavit to be submitted
  with their application.
• International Students
• A citizen of another country (on an F-1 Visa) is
  a non-resident student required to pay
  out-of-state tuition fees. Additionally, students
  in this category must comply with special
  admissions procedures. International students
  should contact the following offices for special
  admissions details
• Evergreen Valley College
• International Admissions
• Phone [phone], ext 6443

Source EVC Schedule of ClassesSummer/Fall 2007
(page 22)
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San José City College

• Non-residents and Undocumented students who have
  attended (3 or more years) and graduated from a
  California high school or attained its equivalent
  may be exempt from non-resident tuition (AB540).
  These students are required to pay other specific
  mandatory fees. The new law does not grant
  California residency, but it requires that
  certain non-resident students be exempted from
  paying non-resident tuition. Students exempted
  from paying non-resident tuition pursuant to
  section 68130.5 do not become residents for
  eligibility purposes for any state-funded program
  (e.g., EOPS or for purposes of a BOG Fee
  Waiver). Students eligible for this provision
  must sign an Affidavit, which must be filed in
  the Office of Admission and Records.
• Contact the Office of Admissions and Records for
  more information.

Source SJCC Schedule of ClassesSummer/Fall 2007
(page 7)
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How does COST impact the AB 540 student?

• In addition to desire and goals, whats necessary
  to attend College in 2007?

Books
Time Money
Transportation
25

• Cost Difference
• at California Colleges Universities
• California Community College 20/unit
  (in-state) 183/unit (out-of-state)
• California State University
• 2,520/year (in-state) 10,170/year
  (out-of-state)
• University of California
• 6,850/year (in-state) 18,168/year
  (out-of-state)

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Financial Aid

• AB 540 does not provide financial aid to
  undocumented students nor does any other law.
• Students who need financial assistance should
  look for scholarships that do not require legal
  permanent residency or U.S. Citizenship.

Source MALDEF Mexican American Legal Defense
and Educational Fund
27
DREAM ActDevelopment, Relief, and Education for
Alien Minors Act Student Adjustment Act
(2003-2004)

• IF SIGNED INTO LAW Would grant qualified
  immigrant students the opportunity to obtain
  legal status and thus enable them to pursue
  higher education and contribute fully to the
  nation.
• Requirements to Qualify
• Student MUST have lived in the U.S. for five
  years or more
• Student MUST be a high school graduate (see SB
  160)
• Student MUST have good moral conduct
• Student MUST attend a minimum of 2 years of
  college

Source MALDEF Mexican American Legal Defense
and Educational Fund
28
SB 160 (Cedillo)

• This bill would enact the California Dream Act.
  The bill would require that a person who has
  attended and graduated from a secondary school,
  rather than high school, in California would be
  exempt from paying nonresident tuition at the
  California Community Colleges and California
  State University. Under the bill, persons
  attending and graduating from California
  technical schools and adult school, as well as
  high schools, would be included within the scope
  of this provision.
• This bill would also provide that persons are
  eligible to apply for, and participate in, any
  student financial aid program administered by the
  State of California to the full extent permitted
  by federal law. This bill would require
  community college districts to waive the fees of
  persons who are exempt from nonresident tuition
  under the provision described in (1) above, and
  who otherwise qualify for a waiver under this
  provision, under regulations and procedures
  adopted by the board of governors.
• This bill would add to the Donahoe Higher
  Education Act a provision which would require the
  Trustees of the California State University and
  Board of Governors of the California Community
  Colleges, and would request the Regents of the
  University of California, to establish procedures
  and forms that enable persons who are exempt from
  paying nonresident tuition under the provision
  described above, or who meet equivalent
  requirements adopted by the regents, to apply
  for, and participate in, all student aid programs
  administered by these segments to the full extent
  permitted by federal law. This provision would
  apply to the University of California only if the
  regents, by appropriate resolution, act to make
  it applicable.

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Promoting Higher Education for All California
Students!

• New California Law
• Qualified undocumented students are now eligible
  to pay in-state tuition fees at Californias
  colleges and universities.

Source MALDEF Mexican American Legal Defense
and Educational Fund