Find your next job fast at the Jan. 28 Virtual Career Fair. Register now.
Law & Courts News in Brief

Calif. Supreme Court Upholds In-State Tuition Law

By Mary Ann Zehr — November 30, 2010 1 min read

The California Supreme Court has boosted opportunities for undocumented high school graduates in that state by upholding a law that allows them to pay in-state tuition rates at state colleges and universities.

The 7-0 ruling reversed the judgment of a California appeals court, which struck down the 2001 state law. Under the law, students lacking documentation of legal U.S. residence who attend a state high school for at least three years and graduate from that school have an opportunity to pay in-state tuition rates.

Ruling in the case Martinez v. the Regents of the University of California, the state high court held that the statute doesn’t violate a federal law that says undocumented immigrants can’t receive a postsecondary education benefit on the basis of residence within a state unless all U.S. citizens are also eligible for such a benefit, as opponents of the in-state-tuition law had contended. The court pointed out that the state law isn’t based on residence in California, but rather on other criteria, and thus doesn’t violate the federal law.

In their decision last month, the justices said the court had received arguments that the law “affords deserving students educational opportunities that would not otherwise be available and, conversely, arguments that it flouts the will of Congress, wastes taxpayers’ money, and encourages illegal immigration.”

The justices said they were not ruling on the merits of the in-state-tuition policy for undocumented students, but only on the legal question that arises from the policy.

“Whether Congress’ prohibition or the legislature’s exemption is good policy is not for us to say,” they wrote.

Related Tags:

A version of this article appeared in the December 01, 2010 edition of Education Week as Calif. Supreme Court Upholds In-State Tuition Law

Events

Teaching Live Online Discussion A Seat at the Table With Education Week: How Educators Can Respond to a Post-Truth Era
How do educators break through the noise of disinformation to teach lessons grounded in objective truth? Join to find out.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The 4 Biggest Challenges of MTSS During Remote Learning: How Districts Are Adapting
Leaders share ways they have overcome the biggest obstacles of adapting a MTSS or RTI framework in a hybrid or remote learning environment.
Content provided by Panorama Education
Student Well-Being Online Summit Keeping Students and Teachers Motivated and Engaged
Join experts to learn how to address teacher morale, identify students with low engagement, and share what is working in remote learning.

EdWeek Top School Jobs

Join us for our NBOE 2021 Winter Teacher Virtual Interview Fair!
Newark, New Jersey
Newark Public Schools
Join us for our NBOE 2021 Winter Teacher Virtual Interview Fair!
Newark, New Jersey
Newark Public Schools
Superintendent, Dublin Unified School District
Dublin, California (US)
Hazard, Young, Attea & Associates
Superintendent, Dublin Unified School District
Dublin, California (US)
Hazard, Young, Attea & Associates

Read Next

Law & Courts Court Backs Religious-School Student's Participation in Vermont Dual-Enrollment Program
A federal appeals court rules that recent U.S. Supreme Court decisions support the student's free exercise of religion claim.
4 min read
Law & Courts Supreme Court Considers Issue of Damages That Comes Up in Many Suits Over School Policies
The justices weigh whether students still have a case for "nominal damages" when schools change a policy in response to a lawsuit.
6 min read
supreme court IMG
iStock/Getty
Law & Courts U.S. Supreme Court to Weigh Whether Schools May Discipline Students for Internet Speech
The justices will hear the appeal of a school district whose discipline of a student for her vulgar message on Snapchat was overturned.
5 min read
Law & Courts District's At-Large Elections Violated Minority Voting Rights, Federal Appeals Court Finds
The case involves school board elections in a majority Orthodox and Hasidic Jewish district with a large Black and Latino population.
3 min read
Image of people at voting booths.
LPETTET/E+