P&I challenge to out-of-state tuition?

Leslie Goldstein lesl at UDEL.EDU
Wed Sep 22 22:53:23 PDT 1999


I'd say they are not in the same situation because as a matter of common
knowledge, college students frequently do not live in their place of
genuine residence.  Thus, state universities can reasonably require
proof of a genuine attachment ot the state for reasons other than
attending class.  With welfare families they typically do not have
another "real" residence that they are planning ot sneak back to .  They
have genuinely moved.  But it is probably a good discussion question for
class.

William Lasser wrote:
>
> This question came up in my undergraduate con law class today.  Sorry if
> it's been covered before.
>
> After Saenz v. Roe, is it possible or likely that the courts will entertain
> a privilege and immunities-based challenge to the disparity in tuition
> rates charged to in- vs. out-of-state students?  In many states (South
> Carolina among them), students must reside in the state for 12 months, as
> well as fulfilling other requirements, before they qualify for in-state
> tuition.  Aren't they in the same position as the welfare recipients in Saenz?
>
> Looking forward to your thoughts,
>
> Bill
>
> William Lasser
> Dept. of Political Science
> Clemson University
> Clemson, SC  29634-1509
> 864-656-3246


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