TOPEKA ? Legislation was filed today that would repeal a law that allows some non-citizen students to get the less expensive in-state tuition at public universities in Kansas.

State Rep. Becky Hutchins, R-Holton, said the repeal was necessary for budget reasons.

“It’s about priorities,” Hutchins said. In addition, she said, many lawmakers didn’t understand the measure when it passed in 2004.

The law allows illegal immigrants to qualify for lower in-state tuition if they attended a Kansas high school for at least three years and graduate or earn a general education development certificate in Kansas. Also, they must be seeking legal immigration status.

Last year, Kansas University officials said there were five students enrolled who were receiving lower tuition rates under the law.

State Rep. Barbara Ballard, D-Lawrence, said she would oppose efforts to repeal the law.

“Many of those students have been in Kansas schools all of their lives,” she said.

The law was challenged in federal court, but last year a judge dismissed the lawsuit.