UC Regents current scheme of charging more tuition to in state students who rely on out of state parents for financial aid “forces students to choose between a constitutionally protected right to free and unobstructed relations with family members
San Diego, California (PRWEB) September 23, 2011
The attorneys at Blumenthal, Nordrehaug & Bhowmik filed a complaint against the Regents of the University of California on September 16, 2011 alleging that it is unconstitutional to charge students who are residents of California higher tuition rates because they rely on out of state financial aid from their families. Lambert v. Regents of the University of California, Case No. 11cv2166 is currently pending in the Southern District of California.
The plaintiff in the lawsuit against UC Regents is a California resident. In order to help pay for college, the UC student relies on the financial support of family that does not reside in California. Since the financial aid is coming from an out of state person, the California school system charged the plaintiff the a higher tuition rate even though the plaintiff is a California resident..
In the higher tuition rate complaint filed against the UC Regents, the Plaintiff asserts that “California Education Code §§ 68000 et seq., by creating classes of California Citizens based upon financial independence and strength of familial ties outside of California, is unconstitutional on its face and in application…” According to the lawsuit, the UC Regents current scheme of charging more tuition to in state students who rely on out of state parents for financial aid “forces students to choose between a constitutionally protected right to free and unobstructed relations with family members and the constitutionally protected right to become a citizen of California on equal terms as all other California residents thereby denying residents due process by creating an irrebuttable presumption of nonresidence.”
In 1999, the attorneys at Blumenthal, Nordrehaug & Bhowmik won a similar lawsuit against the Department of Motor Vehicles claiming that it was unconstitutional to charge out of state drivers a smog impact fee of $300 in a case entitled Jordan v. DMV, Case No. Cal.App.4th 449 (1999). In 2001, the Department of Motor Vehicles refunded over a billion dollars to out of state drivers who were assessed a smog impact fee as a result of Jordan v. DMV.
For more information about the UC school system higher tuition rate lawsuit call (866) 771-7099 or visit the Higher Out of State Tuition for California Residents Website.
The San Diego employment lawyers at Blumenthal, Nordrehaug & Bhowmik represent employees in actions involving illegal employment law practices and policies.