By Margie Palmer | SDUN Reporter

The California Supreme Court has voted to uphold AB 540, the controversial state law allowing undocumented
students to qualify for in-state college tuition fees if they attended a California high school for three years.

The unanimous ruling came in response to a class action suit filed in Dec. 2005 by U.S. citizens paying
higher nonresident tuition. The plaintiffs alleged they were discriminated against because illegal aliens were paying lower tuition provided to California residents.

According to court documents, the initial complaint alleged California’s public colleges and universities
violated federal law by engaging in an “Illegal Alien Tuition Scheme,” granting undocumented students an exemption denied to U.S. citizens who are not residents of California.

The plaintiffs further alleged AB 540 violated the rights of nonresident students under the privileges or immunities clause of the Fourteenth Amendment, which states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.”

The court found that because the exemption is provided to all in-state students who have attended high school in California for three years and meet other requirements, including having graduated or attained a G.E.D. (or passed the California High School Proficiency Exam); have registered or are enrolled at an accredited higher education
institution; have or plan to file an affidavit stating intent to apply for legal residency; and are not currently in possession of a valid non-immigrant visa; that the exemption is not based on California residency, but other criteria, and thus does not violate federal law.

“We’re pleased with the ruling. These students were brought here at a young age by no fault of their own by their parents,” said Lieutenant Gov. Abel Maldonado, who co-authored the bill. “These students are still paying for an education, it’s not free. They’re not eligible for federal financial aid. It only allows them to receive in-state tuition.”

The website AB540.com points out that for 2009-10, the total average in-state fees for a full-time undergraduate student attending school at UC California is $9,285. For out-of-state students, that number jumps to $32,002. In-state students attending California State Universities pay $4,026, compared to $11,160 for non-residents. Those attending California Community Colleges, on average, will spend $480 per year, compared to $3,360 for non-residents.

Fresno State Student Body President and AB 540 advocate Pedro Ramirez, who graduated from high school in the top 10 percent of his class, said the ruling will allow him to stay in school and move on toward a better future.

“It wasn’t until sometime between my junior and senior year that I found out I was undocumented.
When my parents informed me I wasn’t a citizen and that because of this my options in this country would be limited, I contacted mycounselors and advisors,” Ramirez said. “They told me about AB 540, and when I got into Fresno State I worked hard to be able to pay the tuition. I worked in restaurants, I cut lawns, and I applied for community
scholarships.”

Since the ruling, he said, AB 540 graduates from throughout the state have contacted him with their stories.

“A lot of these people have gone onto graduate school,” he said. “Some are policemen. Some are now firemen. Some are doctors and lawyers. This might not have been possible had they had to pay out of state tuition.” San Diego Community College District (SDCCD) Public Information Officer Richard Dittbenner said the ruling would not affect how things are being done on SDCCD campuses, which include City, Mesa, Miramar and continuing education campus locations. He said that it’s not just undocumented students who benefit from AB 540.

“We’ve been obeying the law since it was passed, so we will not be making any changes as to how we’ll be operating,” Dittbenner said. “What people don’t realize is that AB 540 also applies to U.S. residents, but a lot of people don’t talk about that because it doesn’t have as sexy an appeal.”

A student from New Jersey who moves in with a grandparent in North Park and completes three years of high school in California, Dittbenner said, is also AB 540 eligible.

“The majority of AB 540 students are legal U.S. residents,” he said. “Upholding the current law is important, because we’re going to need to have qualified and educated people in California. If we don’t have more college graduates in California by 2020 the economy of the state is going to stall.”

A November press release by the California Public Policy Institute said that if current educational trends continue, the state will not have enough college-educated workers for jobs and skills likely to be in demand in 20 years. The survey further found that 73 percent of those polled think the price of a college education keeps students who are qualified and motivated from attending.

“Where else are these graduates going to come from? Out-of-state tuition can be quite expensive,” Dittbenner said. “Supporting the education of students who have been accepted to colleges or universities just makes sense. It’s the right thing to do.”