Court rules out-of-state students not entitled to refunds [View all]

Out-of-state students who attended one of the state’s three universities are not entitled to a partial refund just because “dreamers” were allowed to pay the same tuition as Arizona residents, the state Court of Appeals ruled Thursday.

The three-judge panel acknowledged that the Board of Regents policy giving in-state tuition to those in the Deferred Action for Childhood Arrivals program was ultimately found to violate both state and federal law. That policy has since been rescinded, replaced with a new rate for dreamers that is higher than in-state tuition but less than for students from elsewhere.

But Judge David Weinzweig, writing for the unanimous three-judge panel, rejected arguments that the violation of the federal law in particular means that the out-of-state students have any right to sue. He said that federal law subjects the offending schools to penalties but does not give others any legal rights.

And Weinzweig specifically rejected the claim that there was some sort of breach of contract.

Read more: https://azcapitoltimes.com/news/2019/11/07/court-rules-out-of-state-students-not-entitled-to-refunds/