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 District’s 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 California’s 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. EVC’s Ethnic Make-Up Source: SJECCD’s Office of Research & Institutional Effectiveness

6. SJCC’s Ethnic Make-Up Source: SJECCD’s Office of Research & Institutional Effectiveness

7. English Learners in K-12 Public Schools by Top 10 Languages SpokenSanta Clara County: 2005 Source: SJECCD’s Office of Research & Institutional Effectiveness

8. What can we as educators do to ensure California’s next generation is prepared to become tomorrow’s leaders? • Be advocates for our students • Stay informed about current laws & policy • Remain hopeful

9. Historic Precursors to the Current AB 540 Law

10. 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. 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. Assembly Bill 540: 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

16. 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.

19. 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: (408) 274-7900, ext 6443 Source: EVC Schedule of Classes—Summer/Fall 2007 (page 22)

23. 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., EOP&S 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 Classes—Summer/Fall 2007 (page 7)

24. How does COST impact the AB 540 student? In addition to desire and goals, what’s 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)

26. 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 Act:Development, 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.

29. New California Law: Qualified undocumented students are now eligible to pay in-state tuition fees at California’s colleges and universities. Promoting Higher Education for All California Students! Source: MALDEF – Mexican American Legal Defense and Educational Fund