The California Domestic Partner Rights and Responsibilities Act (AB 205) Implications for 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 Terminated Parenting Rights and Obligations Community Property Employee Benefits State and Public Institutional Financial Aid Excludes: Federal laws California 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 Dependent Student Dependent Student in DP Married Student Student Yes Student’s Spouse/DP No Yes Custodial Parent Yes No Parent’s Spouse Yes No Parent’s DP No

11 Whose Resources are Considered? Three Examples After January 1 Single Dependent Student Dependent Student in DP Married Student Student Yes Student’s Spouse/DP NoNo / YesYes Custodial Parent YesYes / NoNo Parent’s Spouse YesYes / NoNo Parent’s DP No / YesNo Red=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 California Santa 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 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 Academic Year? If the student (or parents) were in a DP when they filed a FAFSA, aid for the remainder of (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 FAFSA, aid package for 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: Click on “Programs & Policy”

24 Questions/Discussion