Legal Question in Education Law in Louisiana

I just had a random question. I am a student at a local university in Louisiana. I have been living in louisiana for 3 years now. My parents do not claim me on income tax. I file la taxes since i live and work here in la. When I first came here i was still living with my parents in ms so i was under the out of state waiver fee policy but once i settled down here i never went back home. Im always in la even during the summers working. I recently lost my waiver and wasnt notified until it was too late to appeal last semester. Anyways, I brought my grades up and met the requirements for it to be waived this semester. When I emailed the lady of the out of state waiver she said i was fine and it would be waived. After a few days it was still posted to my account balance and when i emailed her to ask her about it she said that i needed to appeal. Well I sent in an appeal and it got denied eventhough i meet all the requirements for me not to pay it. I was wondering if they could do that. Plus with me living in LA for 3 years and working here for 3 years without moving, filing and paying la state taxes, having la licenses and voters registration if I am still considered a Ms resident? When I looked up ms policy on out of state waiver...I would have to pay it also because according to them I am a la resident because i have lived, worked, have licenses and voters card in LA. I am just trying to see what you think about this.


Asked on 1/21/10, 6:38 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Dear Friend,

As I see it, you are a Louisiana resident and

should not be paying at the out-of-state student

rate. Of course, if they tell you you have to pay it

to register; then you don't have a choice, if you

insist on registering. Therefore, it appears they

are charging you a thing that is not due. You have

the right in Louisiana to bring a legal action for

the recovery of that which you have paid that was

not due. The statutory time limitation for bringing

such an action is ten (10) years. Although I am

retired from the practice of law; I shall be happy

to discuss this matter further with you, if you would

care to e-mail me your name and telephone number

to my e-mail address which is hparkerson@suddenlink.

net. My mailing address is 127 Greenway Street;

Lake Charles, LA 70605. Of course, there will be

no charge to discuss this matter with me, nor for

any aid and assistance that I may give you concerning

this matter.

Wishing you the best of luck, and standing

ready to discuss this matter with you further,

should you care to do so, I am

Sincerely,

Hardy Parkerson, J.D.

Retired Lawyer (for a while, anyway)

Tulane Law, Class of 1966

Lake Charles, LA

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Answered on 1/26/10, 8:03 pm


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