Below is a listing of some of the most common exemptions available. Based on the responses to your Residency Form, there may be more exemptions available.
California Nonresident Tuition Exemption (AB 540)
1. Attended a California high school for at least three years:
o The required three years may be non-consecutive. For example, students may go to a California high school for 9th and 10th grade, go out of state for 11th grade and come back to California for 12th grade.
o Although AB 540 requires three years in HS (as opposed to 2 years and 9 months, for example), a student may also qualify for the non-resident tuition exemption if they have attended a combination of elementary, middle, and/or high school in California for at least three years (see AB 2000 information below).
2. Graduated from a California high school or attained the equivalent of a high school diploma such as a High School Equivalency Certificate, issued by the California State GED Office or a Certificate of Proficiency, resulting from the California High School Proficiency Examination.
AB 2000, is an expansion of AB540 and increases eligibility for students who graduated early from a California High School with the equivalent of three or more years of credits. If a student graduates early, they must have attended CA elementary or secondary schools for a cumulative total of 3 or more years.
AB 2000 amends the school attendance requirement of AB 540 and designates that if a student has not attended a California High School for at least three years, that portion of the eligibility criteria may be replaced by the following:
· Attainment of three years’ worth of high school credits from a California High School (equivalent to 3 or more years of full-time high school coursework), and
· A total of 3 or more years of attendance in California elementary or secondary schools, or a combination of those schools (the years do not have to be sequential).
SB 68 further expands in-state tuition eligibility in California beyond the current requirements for AB 540/AB 2000. Due to this new law, more students are eligible to pay in-state tuition at California public colleges. SB 68 allows students to count full-time attendance at a California Community College, Adult School, Department of Rehabilitation and Correction School, High School, or combination of these schools to meet the 3 years AB540 requirements.
Students will be able to use an Associate’s Degree or the fulfillment of the minimum transfer requirements for the UCs or CSUs to meet the requirements.
AB 540 - California Nonresident Tuition Exemption Request Form with a copy of your transcripts.
AB 2210 Fee Exemption to Eligible Special Immigrant Visa (SIV) holders and refugee students
Education Code section 68075.6 grants an exemption to nonresident tuition for Special Immigrant Visa (SIV) holders and refugee students who settled in California after entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States. After the one year has lapsed, enrollment fees will default to the nonresident tuition rate. Students will be required to resubmit their residency documents to determine if student can be coded as a resident.
This exemption applies to the following:
- Iraqi citizens or nationals (and their spouses and children)who were employed by or on behalf of the U.S. Government in Iraq (Pub.L. No. 110-181, § 1244).
- Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Publ.L. No. 109-163, § 1059).
- Afghanistan nationals who were employed by or on behalf of the U.S. Government or in the International Security Assistance Force (ISAF) in Afghanistan (Publ.L. No. 111-8, § 602).
- Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code.
SB 141 U.S. Citizen Children of Deported Parent:
· Education Code 76140
Effective January 1, 2014, districts are required to exempt from nonresident tuition a nonresident student who is a U.S. citizen and meets all of the following requirements:
1. Demonstrates a financial need for the exemption
2. Has a parent or guardian who has been deported or was permitted to leave voluntarily under the federal Immigration and Nationality Act (must provide USCIS documentation)
3. Moved abroad as a result of the parent/guardian departure
4. Lived in California immediately before moving abroad (must provide documentation)
5. Attended public or private high school in California for at least three years (must provide documentation to support three years of attendance)
6. Upon enrolling, will be in his/her first academic year as a matriculated student in a California public college or university
7. Will be living in California and will file an affidavit with the college that he/she intends to establish residency in California as soon as possible
8. Provides documentation as required by statute under EC 76140
September 11, 2001 Exemption
If an individual who was killed in the terrorist attacks on the World Trade Center in New York City, the Pentagon in Washington, D.C., or the crash of United Airlines Flight 93 was a resident of California on September 11, 2001, or if their dependent was a resident on that date and if they meet the financial need requirement for the Cal Grant A Program, the dependents of this individual may be exempt from nonresident tuition. If the dependent is a spouse, the exemption applies until January 1, 2013. If the dependent is a child, the exemption applies until the person reaches the age of 30.
