Metro is proceeding with the implementation of its Colorado High School/GED Non-resident Tuition Rate despite the opinion of Attorney General John Suthers, who said the new rate is unlawful.
Metro officials said no tax payer money will be used, no state subsidy or financial aid will be applied, no U.S. citizen will be displaced, and the new rate will cover all costs associated with education in the general operating budget. Suthers released his formal opinion on June 19 saying the new rate is still considered a public benefit, which cannot be applied to undocumented immigrants.
According to Suthers, state and federal law define the new tuition rate as a public assistance.
“The question is whether nearly $9,000 in discounted tuition is a benefit for purposes of these laws,” Suthers said.
The Board of Trustees has the authority to set its own tuition rates for both in-state and out-of-state students, according to the President for Marketing and Communications Cathy Lucas, last month.
“Because we found the discounted tuition rate was a public benefit, we did not address the question of whether Metro State University has the ability to unilaterally create a new tuition classification,” Suthers said.
Former Colorado congressman Tom Tancredo said that legislators, not a Board of Trustees, should be making the laws and the new tuition rate gives an incentive for people to come into the country illegally. As of June 26, Tancredo’s Rocky Mountain Foundation is planning to sue Metro over the new tuition rate.
“We are definitely going ahead with it,” Tancredo said. “I’ve engaged a law firm and it will be a very short time going through the process of receiving information through CORA or the Colorado Opens Record Act.”
Regarding the lawsuit, Lucas said it is hard to speculate on something the school hasn’t seen yet.
“We have not gotten anything yet, we haven’t gotten a CORA request, and we haven’t received word other than through the news media,” Lucas said.
To further study this issue, Metro has secured the law firm of McKenna Long & Aldridge LLP.
“Although I believe we’re operating on secure legal ground, we are also looking into the legal questions raised by the attorney general’s opinion and we’ll assess any potential implications for implementation and advise the board,” Metro President Stephen Jordan said.
According to the Office of Marketing and Communications, as of July 16, nearly 100 prospective and current students have turned in the required documentation to qualify for the new tuition rate for Fall 2012. The applications are currently undergoing review in the Office of Admissions.