AB540 will provide instate tuition for undocumented immigrants if they meet the following requirements:
1. Must have attended a California high school for 3 or more academic years, between grades 9 and 12 (does not have to be consecutive);
2. Must have received a GED or an equivalent such as completing the California High School Proficiency Exam;
3. Must register or be currently enrolled in an accredited public institution of higher education in California;
4. Must file or plan to file an affidavit as required by individual institutions, stating that he/she will apply for legal residency as soon as possible.
Information about AB540 is protected and cannot be released to the government. This is due to the Family Educational Rights and Privacy Act(FERPA).
The Family Educational Rights and Privacy Act of 1974 (FERPA) 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.
The school cannot legally share AB540 information with third parties, especially the Department of Immigration and Naturalization.
For the actual bill: