AB 540 Litigation December 14, 2005 The lawsuit is frivolous and a waste of time. AB 540 was developed with great care and in consultation with Legislative Counsel and the Attorney General to ensure that it fully complies with all federal laws. AB 540 allows any student that is a product of our educational system to pay in-state tuition rates in our public colleges and universities. To be eligible for in-state tuition under AB 540, a student must: Have attended high school in California for at least three years and graduated or obtained an equivalent In addition, any immigrant student that does not possess a social security number must sign an affidavit that they will legalize their status as soon as they able. Why the three –year requirement: The state has made a significant investment in the education of these children. The parents and families of these children have made a significant contribution to our state in the form of property taxes, sales taxes and income taxes. The three-year requirement is more than for other students. In most cases, a student that moves to California is able to establish residency, and therefore pay in-state tuition, after only one year. All of these issues would be resolved quite simply if the U.S. Congress approves the S. 2075, the DREAM Act of 2005, which would open the doors of colleges and universities to deserving students and put them on the track to becoming successful and fully integrated U.S. citizens.