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Do I qualify for In State Tuition rates in the state of Virginia?

Virginia Beach, VA |

I have lived in Virginia for 2 years as of July and have utilities in my name for my apartment. I filed taxes in VA, am registered to vote in VA and I own a car registered in VA. I have had a VA license for all but 4 months of those 2 years, am currently employed in VA and am closing on a house in VA by July. I am engaged to a police officer here in VA, have been financially supporting myself for the last 4 yrs and haven't lived with family (NY) since Aug. of '09. I was denied last year based on the fact that I "hadn't lived the full one year in state" even though I had. I'm pretty sure they didn't review all my documentation and didn't care. I was financially unable to attend classes because of this. If I do qualify but am denied, do I need a lawyer to appeal/take the school to court?

I am in the process of applying for this year and hoping to be given the in state tuition rate, however I want to have a better understanding of what I should do if I am wrongly denied for a second time. i.e. Do I need a lawyer for the appeal process? Do I need to take the school to court if it is clear that I have been wrongfully denied in state tuition? Is this a step that would be considered unnecessary?

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Filed under: Education law
Attorney answers 1

Posted

Why not apply and provide apporpriate documentation and then if you have to meet with the University's registrar's office before you consider engaging an attorney.

Check out the requirements from the Virginia Code at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+23-7.4

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Asker

Posted

If you had read my question, you would have seen that I HAVE APPLIED and provided all appropriate documentation and was denied for a reason that was not a valid reason( ie residential requirement that I HAVE fufilled). This was less than a week before classes started and therefore I didn't have the time to argue it further at that time. Financially I could not afford to start classes paying out of state tuition, even if it was reduced to in state rates later that year. I have read the VA State code on this matter and from what I understand, I qualify. However I don't want to waste my time applying again this year only to be wrongly denied again.I am trying to finish my education, not be prevented from finishing by administrative staff who don't review all the information and documentation given to them. I am asking for a legal opinion on this matter because I am not a lawyer. Please don't comment on my post if you are not going to even read it before you comment.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Wow. I read what you did LAST YEAR, and gave you guidance for THIS YEAR. I think you missed the point. You need to apply, be qualified, and be denied if you're to have grounds to engage a lawyer to take action on your behalf. Since you are not willing to take the small amount if time required to apply again you're not going to move forward at all.

Asker

Posted

You sir, are not giving me any guidance whatsoever. You are insulting me and treating me like I don't know what I am doing. I am currently in the process of appliying for this year, however my question at the end of my first post was in regards to what I should do if I am denied again so I am well informed enough to move forward with whatever actions I need to take. The fact that you are calling me names and being extremely rude when I'm asking for help to better myself with my education is frustrating and sad. I hope you don't treat your clients like this because its wrong. This statement "You need to apply, be qualified, and be denied if you're to have grounds to engage a lawyer to take action on your behalf." is the best information you have given me, yet it still doesn't answer my question, which was "If I am denied, do I NEED a lawyer to appeal/ or take the school to court over this matter?". Please learn to read posts fully, take time to understand them, and then answer the posted question...not just immaturely post rude comments and call people who are simply asking for help names.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Thank you for instructing me on how to read your posts. Best of luck to you!

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