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District of Columbia Official Code 2001 Edition. |
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Division VI. Education, Libraries, and Cultural Institutions. |
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Title 38. Educational Institutions. |
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Subtitle III. Public Education--Post Secondary. |
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Chapter 12. Public Postsecondary Education Reorganization. |
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Unit A. General. |
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Subchapter V. Establishment of Public School of Law.
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Current through October 23, 2012
(a) The Board of Trustees shall, in accordance with § 38-1205.06(c)(7), fix tuition to allow bona fide residents of the District of Columbia to attend the School of Law on a preferential tuition basis.
(b) An applicant for preferential tuition shall make a showing of the applicant's bona fide residence in the District of Columbia. Any applicant for the preferential tuition established under subsection (a) of this section shall be presumed to be a bona fide resident of the District of Columbia if the applicant has been, for 2 continuous years prior to the date of the applicant's enrollment in the School of Law:
(1) Domiciled in the District of Columbia and paid District of Columbia income taxes; or
(2) Enrolled in a college or university located outside the District of Columbia and been claimed as a dependent on District of Columbia resident tax returns filed by a parent or spouse of the applicant.
(c) Any applicant for the preferential tuition established under subsection (a) of this section who is not presumed to be a bona fide resident of the District of Columbia shall be required to establish by a preponderance of the evidence to the Board of Trustees or its designee that the applicant:
(1) Was a bona fide resident of the District of Columbia for a reasonable duration of time prior to the applicant's request for preferential tuition; and
(2) Remains a bona fide resident of the District of Columbia.
(d) In determining whether an applicant for preferential tuition under subsection (c) of this section is in fact a bona fide resident of the District of Columbia, the following factors shall be taken into consideration:
(1) Whether the applicant has maintained a year-round home in the District of Columbia, as evidenced by lease or mortgage agreements;
(2) Where the applicant's driver's license, if any, was issued;
(3) Where the applicant's motor vehicle, if any, is registered;
(4) Where the applicant is registered to vote;
(5) What address the applicant has used over the past several years for purposes of filing federal income tax returns, if any;
(6) Whether the applicant is a graduate of a public or private District of Columbia high school; and
(7) Any other factor deemed appropriate by the Board of Trustees.
(e) Any applicant denied preferential tuition shall be permitted to appeal the denial by whatever procedures and to whatever officer of the School of Law as the Board of Trustees shall establish for final determination.
(Oct. 26, 1974, Pub. L. 93-471, title V, § 510, as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(g), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(n), 43 DCR 2978.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1550.
Emergency Act Amendments
For temporary repeal of section, see § 301(n) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412).
Section 303 of D.C. Act 11-264 provides for the application of § 301(n) of the act.
For temporary amendment of section, see § 201(n) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).
Section 501 of D.C. Act 11-335 provides for application of the act.
Legislative History of Laws
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 38-1205.01.
For legislative history of D.C. Law 8-74, see Historical and Statutory Notes following § 38-1205.01.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 38-1201.03.
References in Text
Section 38-1205.06, referred to in subsection (a), was repealed August 1, 1996, by D.C. Law 11-152.
