Texas Marine told he's not state resident, must pay higher tuition

[sabra]

http://www.onnnews.com/global/story.asp?s=3733831&ClientType=Printable

Texas Marine told he's not state resident, must pay higher tuition

AUSTIN, Texas A decorated Marine doesn't qualify as a Texas resident any more because of the time he spent serving in Iraq.

That's what Carl Basham says officials told him when he tried to enroll in Austin Community College.

He's registered to vote in Texas, has a Texas driver's license and does his banking there. But he says officials told him that's not enough to qualify him for the lower tuition Texas residents pay.

That means he'd have to pay around 26-hundred dollars a semester in tuition, instead of about 500 dollars.

Basham did two tours of duty in Iraq.

[caligirl]

1. The college is breaking the law, military are

exempt from that requirement.

[LiberalFighter]

49. Army advocates in-state tuition for military families

Here is a similar story


http://www.collegefortexans.com/residency/tuition.cfm">College for Texans There are plenty of waivers listed and someone apparently erred in applying the law to the student.

I don't believe that military are exempt from the law unless there is a federal law that applies. It is up to each state to legislate how their taxes are utilize right or wrong. And I don't believe that is totally right or totally wrong. Do private colleges have tuition based on state residency?

There should be requirements as to who is eligible for in-state tuition. Otherwise, it could be abused by those that decide they want to go to a different state for school.

What happened to the education benefits that military receive?

[matt819]

2. Welcome home

Guess that freedom and democracy thing just doesn't apply here.

[sabra]

3. support the troops!

[Trillo]

4. What were the names of the "officials" that told him that?

Are they like phantom, nameless entities?

[Southpaw Bookworm]

9. Probably a $6/hour student clerk

In the bursar's office. Any actual "officials" are probably located at off-site in a lucious office suite.

Or was that just my former community college administration, which as of this year will not even be located on any of the college campuses. They "gave up" their space for more classrooms and will be renting space in an office park far, far away from any of the campuses.

[Commie Pinko Dirtbag]

5. Who handles the applications there? Larry Northern? (nt)

[TheDebbieDee]

6. "Marine doesn't qualify as a Texas resident

any more because of the time he spent serving in Iraq."

This is absolutely unbelieveable!

[TankLV]

27. So is he still a US citizen?

If he wasn't a resident of Tex-ass, then what state was he a resident of? Surely thay don't claim he was an Iraqi citizen now, do they?

Maybe they could assist him.

Otherwise they should fuck off.

They can't.

He is.

Fuck off Tex-ass repuke toadys.

[TheDebbieDee]

30. When a soldier is active duty, no matter where he or she....

is stationed, he or she is a resident of the state that they choose to be their Home of Record and in most states that soldier is exempt from paying state income taxes in that state as long as the soldier does not spend more than X number of days in that state each calendar year.

A soldier can establish Home of Record by filing annual tax returns in the state of his/her Home of Record, maintaining a car that is registered or owning and paying taxes on property located in the state of the Home of Record, keeping a driver's license or bank account, then that soldier is still a resident of that state. There are many ways to maintain residency.

However, in some states, if you spend more than X number of days in that state of the Home of Record in a calendar year, you may be required to pay state income taxes.

This soldier must have gotten caught up in some type of residency loophole. I can't believe that the Community College system of any state would be petty enough to screw a soldier out of his/her in-state tuition benefits!

[BOSSHOG]

7. Why do conservatives hate Veterans?

[Roland99]

8. They hate their freedom.

[Freddie Stubbs]

39. Austin is actually a pretty liberal city

It is an island of blue in a sea of red.

[caligirl]

10. College hass a veterans affairs office here is the number

I checked the area code, its 512 and I assume its for all campus sites. Veterans Affairs
Northridge 223-4356
Riverside 223-6165

[punpirate]

11. If he was a Texas resident at the time...

... he entered the service, he is entitled to retain that residency, whether or not he was stationed in Texas. The college is in error.

The only exception is if he declared residency in another state in the meantime. If he did that, he would have to reestablish residency in Texas first.

The "officials" are likely in error.

[caligirl]

12. school phone directory

http://www.austincc.edu/resources_students/helpful_numbers.php

[caligirl]

13. I spoke with Victoria at the school, she is taking 'these calls'. she said

very little on his case other than he originally lived in Louisiana and had not lived in Texas for a long tome. She said they have a good working relationship with this person and that he understands they are following Tex law. she did encourage calls to the state leg. to change or get an exception to Texas law as written.

I told her this was likely going to make the school look bad and they aren't likley to win the public image game on this nand that they should come to some agreement with this person to resolve the issue.

[sabra]

15. thank you for the update!

:yourock:

[rocktivity]

19. If he lived in Texas less than 6 months before deployment

they MIGHT have a case. I was told that you have to live in a state for at least six months to be considered be considered a legal resident.

:headbang:
rocknation

[northzax]

40. different states have different rules for residency

when it comes to tuition. Texas, for instance, requires one year of residency prior to registration (http://www.google.com/url?sa=t&ct=res&cd=1&url=http%3A//www.utpb.edu/utpb_student/undgrad_catalog/ug_cat2_tuition_fee.htm&ei=yasEQ8S1B7me4AGi3NylDg)

Still, make a fucking exception for the guy, will ya? it's not like he's been bumming around Europe for two years.

[alfredo]

14. that is incredible.

I hope they get their asses kicked.

[ibegurpard]

16. Are you fucking kidding me?

That's outrageous!

[liberal N proud]

17. More of those southern Christian conservative Moral Values?

[Orangepeel]

18. eh, I don't believe it.

Either there is much more to the story and there is some other reason he doesn't qualify, or it's just some minor problem the clerk couldn't fix and it will get solved soon.

[davidinalameda]

20. more support for our troops!

what utter bullshit

[Javaman]

21. this story reeks of bullshit.

[Name removed]

22. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Betsy Ross]

23. Heard on the Ed Shultz show,

perhaps during a news segment, that the Marine has a Texas license plate and is a registered voter in Texas.

[leetrisck]

24. Probably has to do with "Home of Record"

etc.

[leetrisck]

25. Most states have the same laws

covering military people.

[ohtransplant]

26. If they consider him a Louisiana resident for this purpose,

does Texas have a reciprocal agreement with Louisiana to treat their residents as "in state"? Adjoining states commonly do this...

[Booster]

28. I think it's time to kick Texas out of the United States. What the

Hell is wrong with my home state (not anymore, thank goodness)?

[bumblebee1]

41. Are you sure Mexico wants Texas back?

[pop goes the weasel]

29. ACC response

(I'm posting the full message, because it isn't copywritten and it is intended as public communication)

http://www.austincc.edu/pres/Message.htm

A Message from the President of Austin Community College

Recent news reports about a U.S. Marine veteran being ineligible for in-state tuition at Austin Community College or any other public higher education institution in Texas have raised some questions about state residency law. While ACC honors all who serve our country, and is committed to helping them achieve access to higher education, it is important that all relevant information be considered.

First, this is not a widespread problem applicable to all who have served their country. This is an individual situation involving one person who lived in another state before entering the military and who listed the other state – not Texas – as his permanent address in military records.

Texas residency is guided by state law, as reflected in the Texas Education Code. As a taxpayer-funded college, ACC is not able to pick the laws with which it complies. Additionally, this type of situation is complicated when a resident moves out of Texas for several years prior to entering the military, enlists in the military in another state, and lists that state as a home of record and permanent address in all military papers.

Contrary to some reports, ACC has assisted the student with his fall enrollment. Yet again, we are not able to ignore the state law which guides residency designation. The law mandates we treat all applicants equally. ACC has applied the current state residency law to the student in question, made many calls on his behalf to ensure that any documentation needed to comply with the law was understood, and confirmed with him his eligibility to receive Pell Grant and VA educational assistance. If public elected officials choose to change Texas’ public policy on residency to make it even more flexible for those who serve their country in the military, ACC would certainly be supportive.

In the meantime, ACC invites all who have inquired about the status of the Marine veteran in this instance to show their full support for our veterans and higher education by making a donation to the ACC Foundation. I have made an additional personal donation to the ACC Foundation, and invite others who feel strongly about this issue to consider doing the same.

For more information about scholarship donation opportunities, you may go to www.austincc.edu/foundation.

Thank you.

Dr. Stephen B. Kinslow, President

[aden_nak]

31. Texas Marine Told He's No Resident, Must Pay Higher Tuition

--------------<SNIP>--------------

Carl Basham (search) said officials at Austin Community College recently told him that he lost his Texas resident's status because of the years he spent out of state on two tours of duty in Iraq.

Not having the in-state designation would mean paying around $2600 a semester in tuition, instead of about $500.

--------------</SNIP>-------------

WARNING: Link is to FoxNews, but is surprisingly unbiased.

http://www.foxnews.com/story/0,2933,166018,00.html

[Squatch]

32. Some states are weird like that.

I kept WA state as my permanent residence, even though I was stationed in MO. Didn't pay any state income taxes while I was there.

[achtung_circus]

33. From yesterday

including college response

<http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=1708280#1708941>

[electron_blue]

35. sounds like a fluke

I bet he can have that changed. If he wants.

[Dora]

38. Sucks, but seems reasonable to me.

Seriously.

I lived in Arizona for 27 years and completed my undergraduate degree there. If I decided to move back there and go back to school for another graduate degree, would I expect to receive in-state tuition? I don't think so.

After reading the college's response, I feel bad for this veteran, but I have to say that he's not being treated unfairly.

[MADem]

46. Don't be silly; he was treated BADLY, as well as unfairly

That kid did not "DECIDE" to move to Iraq on a whim, he was ORDERED THERE by the Commander in Chief. Though the matter is now resolved, TX was TOTALLY out of line doing what they did, and they would not have prevailed in court. Home of record is designated on the military 1066 form, and updated annually or before every deployment. TX was WRONG.

TX was his state of residence, his home of record, and the place to which HE INTENDED to return.

I have been a MA resident my entire life, but owing to military service (my pere's and mine) have spent less than half my life physically residing in the state.

People told me I was crazy to maintain my residency, and pay my taxes every year, in Taxachusetts when I was on active duty, but I like coming from here--it is a sane place full of bright, interesting people.

I reap the benefit in my old age--MA does not tax military pensions at all. I paid then, I don't pay now!

[Sweet Pea]

34. This won't last long.

The Soldier's and Sailor's Act prevents such abuse of state regulations like that. I'm sure as soon as someone responsible takes a look at this situation he'll be granted state residency, assuming of course he maintained the other requirements.

[bluestateguy]

36. How patriotic

n/t

[Dora]

37. "Beeville native" the article says

So, is this Marine a resident of Beeville? That's not in Travis County, and you have to be a resident of Travis County or of the greater Austin area in order to get the lower, in-district tuition rate.

The article said that he's registered to vote in Travis County, but being registered to vote in a county does not guarantee a person residency in that county. He lives in Beeville, which is not Austin, and it's certainly not Travis county. Now if a state school, like UT or A&M was doing this, then this veteran would have a defensible complaint. But this is a community college, and the lower tuition applies to members who actually live in the community the college serves.

It's unfortunate that the media is putting this spin on it, but I think that the college is not doing anything discriminatory.

[WhiteTara]

42. no good deed goes unpunished

now he knows how much his country respects his sacrifice! Not!

[rainbow4321]

43. Update: Ex-Marine gets Texas tuition rates

The school is now also starting a fund to help veterans pay for college costs.



http://www.mysanantonio.com/sharedcontent/APStories/stories/D8C3I63G1.html

A decorated Texas-born Marine who was told he didn't qualify for the cheaper state resident college tuition can now pay the lower-priced rate.

Carl Basham, 27, was initially told by staff at Austin Community College that he didn't qualify for Texas resident tuition, meaning he would have to pay around $2,600 instead of about $500 a semester in tuition.

On Friday, Basham received the in-state designation after he turned in documents officials found would provide him with waivers to the residency rules.

After conducting research, Texas Land Commissioner Jerry Patterson found Basham designated his official residence as Austin more than a year ago with the military. Basham also meets two waivers to the law: he has a valid will in Texas, plus he's had a vehicle registered in Texas since 2001, according to Patterson.

[MADem]

45. HEY, isn't that the same idiotic land commissioner who

..wouldn't let Max Cleland into the chump's ranch?

My GOD, these people are SO FUCKING STOOOOOOOOOOOOOOOOOOPID!!!!!!!

[Judi Lynn]

47. You're right. They looked into it, changed his status.

Here's a short tv news station story:

August 20, 2005


Ex-Marine gets Texas tuition rates

AUSTIN A decorated Texas-born Marine who was told he didn't qualify for the cheaper state resident college tuition can now pay the lower-priced rate.

Twenty-seven-year-old Carl Basham was initially told by staff at Austin Community College that he didn't qualify for Texas resident tuition. That meant he would have to pay around 26-hundred dollars instead of about 500 dollars a semester in tuition.

The school's response surprised Basham, who was born in Beeville, is registered to vote in Travis County and has a Texas driver's license.

But under Texas law, members of the military are presumed to maintain the same residence as when they enlisted in the service.

Although he grew lived most of his youth in Waco, Basham graduated from high school and enlisted in the Marine Corps in Monroe, Lousiana.

After conducting research, Texas Land Commissioner Jerry Patterson found Basham designated his official residence as Austin more than a year ago with the military. Basham also meets two waivers to the law: he has a valid will in Texas and he's had a vehicle registered in Texas since 2001.

http://www.kltv.com/Global/story.asp?S=3745476

[MADem]

44. BULLSHIT!!!!!!

Soldiers and Sailors Civil Relief Act...he needs to call every member of the TX delegation, House AND Senate, NOW ....AND get his state reps onboard. This can be fixed. They are WRONG!!!!!

[hedgehog]

48. Check out reply #32 before ranting and raving

If he didn't list Texas as his home state before, how can he claim residence now? -

Update - he did list Austion as his residence and he did get in-state tuition.

[CONN]

50. Texas Land Commissioner says he in-state so ok with ACC

A Message from the President of Austin Community College

August 19, 2005

ACC is delighted that U.S. Marine veteran Carl Basham is eligible for in-state tuition as determined by Texas Land Commissioner Jerry Patterson and proud that Mr. Basham chose to take advantage of a quality education from a great college.


http://www.austincc.edu/pres/Message2.htm

[Thor_MN]

51. Didn't Poppy maintain Texas residence with a hotel room?

Or am I imagining it? Avoiding other state's taxes by getting a few pieces of mail sent to you in Texas? The bush family likes to pretend...

[rainbow4321]

53. Yep..he did

Used a Houston hotel room/suite address...it allowed him to avoid state income tax.

[tsuki]

52. That is Bull. I love it when the RW "supports the troops." I am

emailing them.