Texas universities challenged over tuition for undocumented students

Photo credit: The Texas Tribune

 

Public universities across Texas are reviewing their tuition policies for undocumented students after the Texas Higher Education Coordinating Board (THECB) requested institutions to provide data related to students’ immigration status.

The request comes in response to a recent federal court injunction and aims to enforce the application of out-of-state tuition rates for undocumented students, per specific interpretations of the Texas Education Code.

The directive affects institutions such as the University of Texas at San Antonio, Texas A&M San Antonio, and Alamo Colleges, which are currently examining their compliance processes.

The review focuses on aligning with changes prompted by the court decision, which restricts the ability of undocumented students to qualify for in-state tuition.

Legal experts note that the Family Educational Rights and Privacy Act (FERPA) limits how universities can share student records, potentially complicating how institutions respond to the state’s request.

While FERPA protects student privacy, state authorities are seeking clarity on how tuition classifications are determined.

 The THECB’s request pertains specifically to how tuition is assessed, but it could have broader implications for admissions, financial aid, and support services

College administrators are proceeding with caution, with some institutions initiating internal reviews of how they classify students for tuition purposes. Alamo Colleges confirmed that it is currently reviewing its policies to ensure legal compliance.

In Texas, undocumented students previously qualified for in-state tuition under a 2001 state law, provided they met certain residency and graduation requirements. 

 

 

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