What is AB 540?

On October 11, 2001, Governor Gray Davis signed Assembly Bill 540 (now Education Code Section 68130.5) creating a new exemption from nonresident tuition for any student who meets ALL of the following criteria:

1.       Attended high school inCalifornia for 3 or more years;

2.       graduated from a California high school or attained the equivalent;

3.       Is registered at, or attending an accredited institution of higher education in California not earlier than Fall 2001; and

4.       If a student without lawful immigration status files an affidavit with the campus stating that he or she has applied to legalize immigration status (using INS form I-130, Petition for Alien Relative) or will do so as soon as he or she is eligible.

When did the law take effect?

January 2, 2002

What are the procedures for requesting the exemption from nonresident tuition?

Download the AB 540 Affidavit . Please see instructions on form.

How do students request a refund if they have already paid nonresident tuition and then become eligible for an exemption?

Procedures for requesting a refund are available in the Bursar's Office. You may request your refund with the Bursar's Office via

Fax number: (408) 924-1654

Phone number: (408) 924-1601

Email: bursar@sjsu.edu

Do students need to file a new affidavit each semester they enroll?

No. Students providing an affidavit are not required to submit a new affidavit for any future term of continuous enrollment after the original affidavit is submitted. A break in continuous enrollment will require completion of a new affidavit.

Are U.S. citizens who are current residents of other states but meet all the criteria eligible?

Yes

Does the exemption apply to students holding valid non-immigrant (temporary) visas (such as F, J, H, L or other temporary visa)?

No

Are students covered under this exemption eligible to receive State University Grants(SUG)?

No. Students exempted from paying nonresident tuition do not become residents for eligibility purposes for any state-funded program.

Are students covered under this exemption eligible to receive other financial aid?

Students who are covered under this exemption are not eligible for any state financial aid. Requirements for federal financial aid are determined by federal regulations. Citizenship criteria for specific stipends, internships, or scholarships are determined by the agency handling the application and selection process.

Are students covered under this exemption eligible to receive a waiver of the application fee based on qualifying financial status?

No

Are students covered under this exemption eligible to participate in the Educational Opportunity Program (EOP)?

No. Students are exempt from paying nonresident tuition, but do not become residents for eligibility purposes for any state-funded program, such as EOP.

What happens if the certification provided by a student is later determined to be false?

The student will be liable for the repayment of the difference between resident and nonresident tuition that would have been applicable for all terms of attendance. The student may also be subject to disciplinary proceedings.

What happens to the information obtained in the implementation of this law?

The law requires that all information obtained in the implementation remain a confidential portion of the students' permanent record. For audit purposes, the original documents must be maintained for at least five years.

Will my California residency change if I am approved for this waiver?

No. You must complete the approved Residency Change form and provide appropriate documentation for the change.