Assembly Bill 1540 – Requires An Institute Of Higher Education To Accept An Affidavit To Get An Exemption From Paying Nonresident Tuition If It Is Part Of The File From The Student Aid Commission

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Dec 06, 2023

Students are exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student attended California schools full time for three years or attained equivalent credits earned while in those schools, or the student completes three or more years of full-time high school coursework in California and attended California elementary schools or California secondary schools for three or more years.  A student who is an immigrant without lawful immigration status, can file an affidavit with the institute stating that the student has filed an application to legalize the student’s immigration status, or will file an application as soon as the student is eligible to do so.

This bill requires the California State University and California Community Colleges, and request the University of California and independent institutions of higher education, to accept an affidavit the student provided to the Student Aid Commission as part of the student’s financial aid application and shall not require the student to file a separate affidavit with the institution.  An institution that receives the affidavit from the Student Aid Commission may share it with any departments who require an affidavit so the student is not required to submit multiple affidavits.  The institution may verify the information in the affidavit from the Student Aid Commission.  By imposing new duties on community college districts, the bill imposes a state-mandated local program.  If the Commission on State Mandates determines that this act contains costs mandated by the state, it will order reimbursement for those costs.

(AB 1540 amends Education Code Section 68130.5 of the Education Code.)

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