Regents to study in-state tuition rate issue

Heather Rawlyk and Ed Koch

Monday, Jan. 19, 2004 | 11:07 a.m.

The Nevada Board of Regents at its next meeting Jan. 29-30 will re-examine its in-state tuition policy, which has resulted in threats of lawsuits against the university system. The meeting will be at the Community College of Southern Nevada's Henderson campus.

Chancellor Jane Nichols, who heads the University and Community College System of Nevada, said one of the issues is whether current or former college students should be reimbursed for tuition they paid as out-of-state residents when they may have been eligible for in-state tuition rates.

The controversy stems from the regents in 1995 lengthening the residency requirement from six to 12 months. State law requires just six months to establish residency.

"The board in 1995 acted on the advice of legal counsel," Nichols said, noting that the reason was concerns over how large numbers of out-of-state students, facing skyrocketing tuitions in their states, might flood to Nevada for cheaper tuition costs.

"Perhaps the board should have sent a bill draft request to the state Legislature as well."

A local woman who had lived in Las Vegas for about eight months raised the issue of the cost disparity earlier this month after she was billed for out-of-state tuition at the Community College of Southern Nevada.

Sara Renteria, 24, said she was considering filing a lawsuit over the disparity between state law and university policy. Las Vegas businessman Stephen Cloobeck, who has a stepson in the same situation, has offered to finance a court challenge to the policy.

"I met with Gov. Kenny Guinn today (Friday) and have also spoken with Attorney General Brian Sandoval," Cloobeck said. "What we've discussed, their opinions are consistent with what I've discovered. The regents must uphold the law."

Spokesmen for the governor and attorney general today said they had not discussed the issue with their bosses, who were not available because of the Martin Luther King Jr. holiday.

"From what I have seen, it appears to me that the regents have been made aware this is a problem and they are willing to address it," Guinn spokesman Greg Bortolin said, confirming that Guinn met with Cloobeck Friday in Las Vegas.

However, Bortolin noted that the governor "meets with a lot of people, but that does not necessarily mean he is advocating their point of view."

Nichols said the board must decide whether to reimburse students who paid the higher fees and whether it is economically feasible to reimburse them.

Bortolin noted Nichols' concerns, saying, "There is not a lot of extra money floating around in any agency these days, but right is right and wrong is wrong. We are going to have to wait and see what they (regents) do."

Board Chairman Stavros Anthony said the board would examine and quickly address the matter.

"It is not our intention to supersede state law," he said. "With the exception of a few regents, none of our board members, presidents, chancellor or senior system staff were here when this policy was enacted.

"We were only made aware of this issue recently, but I believe that my fellow regents will be quick to respond."

Cloobeck said reimbursing current and former students for overpayments of tuition resulting from the residency disparity shouldn't even be a question.

"It's about doing the right thing," he said. "The question they need to be answering is how are they going to pay the students back and when are they going to pay them back."

Cloobeck said several regents have told him they did not know where they would get the money to reimburse students.

"They are wondering where they will get the money from to do this," he said. "Well, they've borrowed the money from all these students and families for all of these years, so go borrow the money from someone else and pay these people back with interest. There's an answer."

Nichols said the state's campuses have been asked to report how many students are believed to have been affected since the policy went into effect.

As for Nichols noting that the board's counsel at the time gave the OK, Tom Sargent, spokesman for Sandoval, said it was not clear whether an attorney from the attorney general's office gave the nod.

"Although the attorney general's office represents a number of boards in the state, the regents for some time have had their own private counsel," Sargent said, noting he was not in the office on the holiday and did not have immediate access to records as to who provided legal counsel to the board at that time.

Sargent said the attorney general's office has not been asked for a legal opinion as to whether the policy is in conflict with state law.

Cloobeck said he will be at the meeting with his lawye4r.

"All I can say is they'd better have some concrete answers at that meeting," he said.

Other topics that can be addressed at the regents meeting are whether to send a bill draft to the Legislature to change the state law to raise the requirement to 12 months or to rescind the 1995 policy so that the university system policies are in line with state law, Nichols said.

Currently, a Nevada resident pays $1,275 per semester at the University of Nevada, Las Vegas for 15 credits per semester. It costs an out-of-state student $4,244 for the same education, Nichols said.

A Nevada resident pays $709 per semester at the Community College of Southern Nevada for 15 credits per semester, for which an out-of-state student pays $2,254, Nichols said.

Cloobeck said he has had several students contact him since announcing he would help fund any lawsuits.

"I'm urging all of those students and any other students in this situation to come to the meeting too and speak out," he said.