2008 Woodie Awards
Watching Enrollment Fall
Class Action Suit Deems USM's In-State Tuition Policy Unconstitutional
Matt McGuinness
Issue date: 5/17/06 Section: News
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With enrollment already reaching record lows in USM schools the case can only cast more negativity on the system.
Originally the case was thrown out in Baltimore Circuit Court but when taken to the Maryland Court of Special Appeals, the policy was found to be unconstitutional and the judge was forced to examine the case again.
One of the key depositions in the case was taken right here at Frostburg State University. An administrator from UMD Baltimore, who had retired to Allegany County, wrote a deposition admitting his enforcement of the policy when he was working in Baltimore.
The key deposition is what made the plaintiffs' case. The lawyer who took this deposition, Tony Conti, of the Conti Fenn and Lawrence law firm, is also the one leading the class action suit against all 11 schools in the University System of Maryland.
To apply for instate tuition in Maryland, the applicant must first meet a nine-item criteria list that establishes them as a Maryland resident. These criteria include requirements such as living in the State of Maryland for at least twelve months, MD tax returns, and Maryland voter registration.
The problem arose in the criterion that establishes the student as "financially independent." The student is required to have proof that they can pay all of their expenses, including the full amount of out of state tuition.
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This is nearly impossible for the majority of students. Their "financial independence" is already requiring them to work part-time to live in the state even before they have to pay to go to school in Maryland.
Think of it like this: if a student could afford to pay out-of-state tuition, they would not be working so hard to get the instate rate.
Conti is currently looking to lead a class action suit for all students who were denied in-state tuition rates from the year 2000 till the year 2004. If the class action suit is approved, students who were denied in state tuition could potentially receive almost a 50 percent refund of their tuition for the years of 2000-2004.
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