AB 540 - UC TUITION EXEMPTION QUESTIONS AND ANSWERS

(Last updated August 7, 2006)

 

BACKGROUND INFORMATION

1. What exactly is the UC Tuition Exemption (AB540)?

2. Why did the Board of Regents adopt this policy?

3. Who is potentially eligible for this new benefit?

IMPACT OF THE TUITION EXEMPTION ON FEES

1. What fees are covered by the tuition exemption?

2. When does the exemption go into effect?

3. If I believe I am eligible for the tuition exemption, will I be required to pay the Nonresident Tuition Fee and the Educational Fee differential charged to nonresidents?

ELIGIBILITY & DEFINITIONS

1. What are the criteria to qualify for this tuition exemption?

2. Is 9th grade included in the definition of "high school" if it is included as part of a middle school?

3. Does the high school enrollment have to be at the same California school and for three consecutive years?

4. What constitutes "has graduated from a California high school or has attained the equivalent thereof"?

5. Does it matter how far in the past a student graduated from high school to be eligible for the tuition exemption?

6. Are only entering Freshmen eligible for the tuition exemption?

7. Are "home-schooled" students eligible?

8. Can students living out-of-state enroll in a private California "Internet high school," complete their course work via distance learning or correspondence, and meet the California high school enrollment and graduation requirement?

9. Does this new policy change a student's eligibility to receive financial aid?

10. Does this new policy change a student’s residency status?

11. Is there a maximum number of years for which I am eligible to receive this exemption?

APPLYING FOR THE TUITION EXEMPTION

1. Will campuses automatically know which students qualify for the tuition exemption and apply it to their nonresident charges?

2. Can students apply now for the exemption?

3. Which application form will the University of California accept?

4. If I received this exemption while attending a California State College (CSU) or a California Community College (CCC) campus, do I need to apply for the exemption at UC?

ADDITIONAL INFORMATION

1. Where can students obtain additional information about this new policy?

 

 

 

 

BACKGROUND INFORMATION

What exactly did the Board of Regents approve?

In 2002,
The UC Regents approved a tuition exemption for certain nonresident students who attended for at least three years and graduated from a California high school. Nonimmigrant students are not eligible for this exemption. Students who fulfill the qualifications but who do not have a lawful immigration status must certify that they are taking steps to legalize their immigration status or that will do so as soon as they are eligible. Eligible students will pay the same fees as California residents.

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Why did the Board of Regents adopt this policy?

The Regents' action aligns UC's tuition criteria with state policies signed into law in October of 2001 (Assembly Bill 540, authored by Assemblyman Marco Firebaugh, D-Los Angeles), which apply to California State University and California Community College campuses.

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Who is potentially eligible for this new benefit?

Domestic students who, for various reasons, are classified as nonresidents, as well as undocumented students, may be eligible. An example of a potentially eligible nonresident domestic student is one who attended a California high school, but their parents did not live in California or later moved away. Students who met in-state criteria and then established residency in another state, but are now returning to California to pursue a graduate degree, may also be eligible for the tuition exemption. The exemption applies to both undergraduate and graduate students.

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IMPACT OF THE TUITION EXEMPTION ON FEES

What fees are covered by the tuition exemption?

The tuition exemption covers Nonresident Tuition as well as the additional Educational Fee that is charged to nonresidents. Using the amounts charged in 2006-07 as an example, eligible undergraduates will pay $18,684 less in annual nonresident tuition charges and eligible graduates will pay $14,961 less.

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When does the exemption go into effect?

The exemption went into effect on April 8, 2002, the date the Governor signed the additional legislation. The 2002 Spring quarter and semester are the first terms for which the nonresident tuition and associated fees will be covered by this new exemption.

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If I believe I am eligible for the tuition exemption, will I be required to pay Nonresident Tuition?

Students will be required to pay all tuition and fees by the campus's payment deadline unless, prior to their due date, the student has applied and has been deemed by the campus to be eligible for the exemption. Students who pay the nonresident tuition and associated fees but are subsequently determined to be eligible for the exemption for that term will receive a credit equal to the amounts paid that are covered by the exemption.

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ELIGIBILITY & DEFINITIONS

What are the criteria to qualify for this tuition exemption?

To be eligible for the tuition exemption, the student must have:

a) Attended a high school in California for three or more years; and
b) Graduated from a California high school or attained the equivalent thereof; and
c) Enrolled, or is registering to be enrolled, at the University of California after Jan. 1, 2002.

Note that beginning in 2006, graduation from a California public high school requires passage of the California High School Exit Exam, or CAHSEE.

Non-immigrant students are not eligible for this exemption. Non-immigrants, as defined by federal immigration law, may hold one of the following visas: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, TN, TD and V, and TROV and NATO.

All students applying for this exemption must sign an affidavit. If a student is without lawful immigration status, the student must state that he or she has filed an application to legalize his or her immigration status or will file an application as soon as he or she is eligible to do so.

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Is 9th grade included in the definition of "high school" if it is included as part of a middle school?

Yes. For purposes of eligibility for the tuition exemption, enrollment in the 9th grade, whether at a middle or a high school, counts toward the California high school attendance criterion.

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Does the high school enrollment have to be at the same California school and for three consecutive years?

No. The three years for a student's 9th through 12th grades need not be consecutive or completed at a single California school. For example, if a student attended 9th grade at a California middle or high school, left the state to attend 10th grade in another state, and returned to a second qualified California high school to complete 11th and 12th grades, that student would still meet the requirement of three years of high school attendance in California.

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What constitutes "has graduated from a California high school or has attained the equivalent thereof"?

The three possibilities include the following:

a. A diploma from a California high school;
b. A High School Equivalency Certificate, issued by the California State GED Office; or
c. A Certificate of Proficiency, resulting from the California High School Proficiency Examination.

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Does it matter how far in the past a student graduated from high school to be eligible for the tuition exemption?

No. It does not matter how long ago the student graduated from a California high school or attained the equivalent thereof.

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Are only entering Freshmen eligible for the tuition exemption?

No. Undergraduate and graduate/professional students may be eligible, regardless of their current class level.

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Are "home-schooled" students eligible?

A student who is "home-schooled" by a parent who does not hold a California teacher credential is not eligible, because that "school" would not meet the exemption definition of a "high school in California." The University is still deliberating whether students home-schooled by a credentialed teacher would qualify for the exemption.

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Can students living out-of-state enroll in a private California "Internet high school," complete their course work via distance learning or correspondence, and meet the California high school enrollment and graduation requirement?

No. This type of private school would not meet the requirements of Section 48222 of the California Education Code, which defines a "high school in California" for the purposes of exemption eligibility.

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Does this new policy change a student's eligibility to receive financial aid?

No. Eligibility for the nonresident tuition exemption does not affect the eligibility standards or requirements for any form of student financial aid. However, if the exemption is granted, it could impact the amount and, possibly type, of financial aid the student might receive.

Please note that undocumented students are not currently eligible for federal or state financial aid (including UC financial aid) under federal law.  This does not change if the student qualifies for an AB 540 tuition exemption.

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Does this new policy change a student’s residency status?

No. This new policy does not grant residency status; rather, the new policy exempts the student from paying nonresident tuition and associated fees.

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Is there a maximum number of years for which I am eligible to receive this exemption?

No. There is no cap on the maximum number of years one can receive this exemption. Eligibility continues as long as the student fulfills the eligibility requirements or until the University no longer offers this exemption.

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APPLYING FOR THE TUITION EXEMPTION

Will campuses automatically know which students qualify for the tuition exemption and apply it to their nonresident charges?

No. Until students self-identify and apply for the tuition exemption, the campus will not know which students qualify. However, once a student has been deemed eligible, that student need not reapply to that campus while continuously enrolled.

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How does a student apply for the exemption?

Applications can be obtained from the Registrar's office at the UC campus you are interested in.

Click HERE* to see a model application form that can be used at any CSU, UC, or Community College campus. If you use this form, the campus may request additional information from you.

*PDF File Information About Portable Document Format (PDF) Files

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Which application form will the University of California accept?

The University of California will accept a properly completed California Nonresident Tuition Exemption Request or the University of California Nonresident Tuition Exemption Application and Affidavit.

If I received this exemption while attending a California State College (CSU) or a California Community College (CCC) campus, do I need to apply for the exemption at UC?

Yes. Information about specific student eligibility for this exemption is not shared among the California public higher education systems; thus, a prior CSU or CCC student needs to self identify again once enrolled at UC. Moreover, UC determines eligibility for this exemption independently of prior determinations made by other California higher education systems.

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ADDITIONAL INFORMATION

Where can students obtain additional information about this new policy?

Click HERE for information on how to contact the appropriate office/person at a given UC campus.

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