California Nonresident Tuition Exemption

Note: AB540 can be used by eligible non-residents that include undocumented students, legal permanent residents, and U.S. Citizens.

What is AB 540?

MiraCosta College is required by state law to charge each student a per-unit enrollment fee for credit classes. At MiraCosta, students can be charged as a “Resident” or a “Non-Resident” student. Residents pay less per unit than a non-California resident does. The Tuition & Fees page will provide more information about these fee differences.

Assembly Bill 540 (AB540) is a California state law that exempts eligible non-resident students from paying non-resident enrollment fees. AB540 allows them to pay as a resident student. Eligible non-residents include undocumented students, legal permanent residents, and U.S. Citizens. AB540 is also known as the “California Nonresident Tuition Exemption.”

Undocumented students who qualify for AB540 are eligible to apply for state financial aid through the California Dream Act application. See the UPRISE Paying for College page for information about the California Dream Act.

AB540 is a crucial tuition equity policy designed to make Resident tuition more accessible. It has expanded its scope of student eligibility through AB2000, SB68 and SB1141.

How do I qualify for AB 540?

Students must meet all of the following criteria to be eligible:

Attended for three (3) full-time years or the equivalent at any combination of the following:
- Attend a California high school for three (3) or more years, or
- Attend a combination of California high school, adult school, and community college for the equivalent of three (3) years or more, or
- Attend three (3) or more years of high school coursework, and attend a combination of California elementary, secondary, and high school of three (3) or more years and
Have:
- graduated from a California high school or attained the equivalent prior to the start of the term, or
- completed an associate degree from a California Community College, or
- completed the minimum requirements at a California Community College for transfer to the California State University or the University of California, and
The student must submit an AB540 affidavit.

Undocumented Students: DACA eligibility is not a requirement for AB540 eligibility.

How do I apply?

Complete the online AB540 Affidavit:

AB 540 Affidavit Form

In accordance with FERPA (Family Educational Rights and Privacy Act) your information will be kept confidential and is not shared outside the college.

I need help with determining my AB540 eligibility:

If you are an undocumented student, please make an appointment with the UPRISE Counselor or the UPRISE Program Specialist.
If you are not an undocumented student, you can reach out to the Admissions office directly for help.
Additional tools to help calculate your AB540 eligibility:

What if my AB540 Affidavit was denied?

If you are an undocumented student, please make an appointment with the UPRISE Counselor.
If you are not undocumented, and your residency changes or if you believe you made an error on the application, please submit a Supplemental Residency Questionnaire to re-evaluate your status.
Right to Appeal:
- Any student who believes their residence determination is not consistent with the guidelines may make a written appeal to the Director of Admissions and Records, Kathy Rodriguez via email within 30 calendar days of notification of final decision by the college regarding classification.

UPRISE (Undocumented People Rise In Solidarity And Empowerment)

MiraCosta College welcomes undocumented and mixed status students as part of the Spartan community! We are honored to be a part of your educational journey, and we look forward to celebrating your successes while you are here!

If you identify as undocumented, DACAmented, or a mixed-status student, please consider visiting the UPRISE (Undocumented People Rise in Solidarity and Empowerment) webpage for information and services available to you.

Data Protection Statement

MiraCosta College will not release any personally identifiable student information, including any data related to immigration status, without a judicial warrant, subpoena or court order, unless authorized by the student or required by law.

Students can be confident that based on federal and state law, any information they submit on their college admission applications will not put themselves or their families at risk.

Directory information, which includes name, dates of attendance, and other factors can be considered public information. Students may request that the college restrict access to their directory information by contacting the Admissions and Records Office.