Tuition refunds await legal rulings

Wednesday, March 10, 2004 | 9:47 a.m.

University regents are awaiting legal opinions from the state Legislative Council Bureau and the attorney general's office to see how retroactive the refunds can be for students who wrongly paid out-of-state tuition, Chancellor Jane Nichols said.

The Board of Regents for the University and Community College System of Nevada is scheduled to discuss the refunds at 8 a.m. March 19 at the Desert Research Institute, 755 E. Flamingo Road.

Local businessman Stephen Cloobeck, who helped spearhead the campaign to bring board policy in line with state law, sent out an e-mail Tuesday evening urging students to attend the meeting and demand their money back.

The former Board of Regents policy required students to have been Nevada residents for one year before beginning classes to receive the considerably cheaper in-state tuition. State law only required six months, and students who were dependents of Nevada resident were guaranteed immediate residency status.

The regents voted to comply with state law in January, but were divided on how far back students should receive refunds. The board policy had been out of compliance since 1995.

The regents voted to give refunds only to students who began classes in either fall 2003 or spring 2004 semesters, opting to wait for more information on the extent of the refunds and on any statute of limitations that might apply.

At next Friday's meeting, regents will hear an updated report on what options they have in refunding the money, including the total cost, possible financial sources to cover the refunds and the statute of limitations issues. Regents will also consider whether interest should be allowed on the refunds and whether current students should be given the option of receiving financial credit at system institutions in place of cash refunds.

System staff are still developing the report and waiting for the legal opinion of the attorney general, Nichols said. Current rough estimates show a cost of $4.6 million for refunding tuition back to fall 1995 and at least $1.9 million for refunds back to fall 2000. The estimates have been criticized by regents for being both too high and too low.

Sen. Randolph Townsend, R-Reno, said he expects a legal opinion on the issue from the Legislative Council Bureau staff sometime today or Thursday.

Townsend said the statute of limitations issue is very complex, but that there is flexibility for the regents to pay refunds back to 1995.

"We think since they made the mistake at nine years they should go back to nine years," Townsend said this morning. "That's certainly my opinion and the opinion of my colleagues."

Regent Steve Sisolak, who in January joined Cloobeck in calling for the board to comply with the state law, said Tuesday he wanted the regents to provide refunds for tuition as far back as 1995.