The American Military Partner Association, a gay service group, is calling the denial a violation of the Higher Education Opportunity Act (H.R. 4137), section 135, which was signed into law in 2008.
Section 135 requires that, “In the case of a member of the armed forces who is on active duty for a period of more than 30 days and whose domicile or permanent duty station is in a State that receives assistance under this Act, such State shall not charge such member (or the spouse or dependent child of such member) tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.”
“Federal law specifically requires that universities grant in-state tuition rates to the spouses of active duty service members,” AMPA President Stephen Peters said in a statement. “We urge the federal government to immediately withhold any federal funds that UTSA is receiving through the Higher Education Opportunity Act until they are in compliance with the requirements of the act.”
A UTSA representative did not immediately respond to requests for comment.