The California Domestic Partner Rights and Responsibilities Act(AB 205)

Implicationsfor Student Financial Aid

2004 CASFAA Conference

2

California Domestic Partner Rights and Responsibilities Act of 2003

Became law in September, 2003

Becomes effective on January 1, 2005

3

What Does the Act Do?

Generally, it extends many of the same “rights, protections, and benefits”, & “responsibilities, obligations, and

duties” to Registered Domestic Partners as are granted to spouses under California law

Greater equity with married couples is the basic principle

4

It’s Not Just About Benefits

Many private employers and public entities have extended spousal benefits to DPs in recent years Generally “good news” for DPs

The Act is not just about extending benefits – it extends obligations as well Basic principle is to treat domestic

partners more like spouses

5

What Is the Scope of the Act? Affects: How Partnerships are Established

and TerminatedParenting Rights and ObligationsCommunity PropertyEmployee BenefitsState and Public Institutional Financial Aid

Excludes: Federal lawsCalifornia income tax filing status

6

Who is Covered by the Act?

Applies to all California Domestic Partnerships in effect on or after January 1, 2005

A formal California Domestic Partnership filed with the Secretary of State is required

Applies to similar legal unions (other than marriage) entered into in other states

7

What Financial Aid Programs Does the Act Affect?

State Aid

(Incl. Cal

Grants)

Institutional Aid &

Scholarships

Federal Aid

Outside

Agency

Awards

Public institutions

Private institutions

8

What Aid Applicants are Affected?

Students in a CA Domestic Partnership on or after January 1, 2005

Dependent students whose custodial parent is in a CA Domestic Partnership on or after January 1, 2005

Includes partnerships formed before January 1 if they are still in effect on January 1

9

How Does the Act Affect Eligibility for State and Institutional Aid?

For Dependent students in a DP, Independent students in a DP, and Dependent students whose parent

is in a DP,the Act may change the resources that are considered when determining eligibility for need-based aid

10

Whose Resources are Considered?Three Examples

Prior to January 1

Single DependentStudent

Dependent

Student in DP

Married Student

Student Yes Yes Yes

Student’s Spouse/DP

No No Yes

Custodial Parent

Yes Yes No

Parent’s Spouse

Yes Yes No

Parent’s DP No No No

11

Whose Resources are Considered?Three Examples

After January 1

Single DependentStudent

Dependent Student in

DPMarried Studen

t

Student Yes Yes Yes

Student’s Spouse/DP

No No / Yes Yes

Custodial Parent

Yes Yes / No No

Parent’s Spouse

Yes Yes / No No

Parent’s DP No / Yes No NoRed=Federal Green=State & Inst. Black=Both

12

Implications for Financial Aid:The Application Process

Institution will need to collect more information about more parties Is student or the student’s parent in a

DP? Determine resources of relevant DP

FAFSA won’t provide all the necessary information Not designed to capture information

about DP’s assets, resources, etc.

13

Implications for Financial Aid:Packaging

Students should receive packages that are equivalent to those received by married students, based on your packaging policies The specific impact depends on your

packaging policies At UC, the key standard is the expected

contribution from work and borrowing Integration with federal aid is required

to avoid over-awards Adds complexity to packaging

14

Implications for Financial Aid:Verification Students and parents should document

their DP status under the same circumstances in which married students and parents do

Document can be either: Their “Declaration of Domestic

Partnership” filed with (and stamped by) the Secretary of State, or

A “Certificate of Domestic Partnership” (available upon request from the CA Secretary of State’s Office)

15

Sample Documentation

16

Implications for Financial Aid:Communicating with Students

Provisions need to be communicated to students

Message is complex: Some students will benefit, but it will

reduce aid for some students Remember: law is about treating

partnerships and marriages more similarly Not just about extending new benefits

17

How is the Act Actually Being Implemented?

By CSAC

By UC

Implementation Steps

University of CaliforniaSanta Cruz

19

Internal Planning

Workgroup of 4 financial aid advisers Collaboration with campus GLBT group Campus-wide luncheon

Staff/Faculty program Dale Boutiette, attorney (GLBT family law)

Outreach to students Staff training Data gathering (AB205 info packet)

20

Outreach Strategies

Rely on GLBT community Email to all students Message on website Insure staff knows how to handle

inquiries Student newspaper(s)

21

AB 205 Information Packet

What is AB205 Sample documentation of DM Forms Q & A

22

How is Aid Affected for the 2004-05 Academic Year? If the student (or parents) were in a DP

when they filed a 2004-05 FAFSA, aid for the remainder of 2004-05 (after January 1) should be adjusted if the student notifies the Financial Aid Office

If the student (or parent) entered into a DP after filing their 2004-05 FAFSA, aid package for 2004-05 should be unaffected

The same policy applies to students who get married after filing their FAFSA

23

For More Information…

UC implementation guidelines and a sample presentation for students:

http://www.ucop.edu/sas/sfs/

Click on “Programs & Policy”

24

Questions/Discussion