Is the AB 540 exemption affected?

No, the AB 540 nonresident tuition exemption is not affected by the new Board Rules. Assuming a nonresident student meets the requirements for AB 540 (i.e., has three years of attendance in a California high school, graduated from a California high school or its equivalent, and is not a current nonimmigrant visa holder), then he/she is eligible for a nonresident tuition exemption for all units taken. (AB 540 cannot be invoked by special part-time K-12 students, because such students, by definition, have not yet completed high school. That being said, special part-time K-12 students are still eligible for a nonresident tuition exemption on the basis of taking six units or less.)