States have always had the ability to regulate institutions conducting instruction or other postsecondary activities in their states. In Fall 2010, a Federal regulation was first released tying institutional and student eligibility for Title IV Federal Financial aid to an institution complying with State laws. Colleges and universities were to be…

Earlier this month, the Court of Justice of the European Union (the Court), ruled that European Union (EU) member states can impose non-resident student quotas in certain circumstances. The Court, whose job is to ensure that all EU member states interpret and apply EU legislation in the same way, recently made the ruling in response to a…

The importance of school attendance in relation to achievement, engagement, and educational success has been well researched and documented. As a result, the general philosophy is that the more time students are in school, the better chance they have to be personally and academically successful. Students miss school for myriad reasons. While some…

With the proliferation of cases affecting higher education, it seems necessary to give focus to the law as it pertains to on-campus student housing. The areas of concern in housing are (1) residency requirements and (2) housing regulations with attendant rights of inspection and search to maintain order and discipline. Residency requirements that…

A New York court decision interprets liberally a statute concerning free tuition for non-resident students. (MF)

Following the recent decision of the New York Court of Appeals in Gordon v. Committee on Character and Fitness, state residency requirements may prove vulnerable to future attacks based on the privileges and immunities clause. (Available from: University of South Dakota School of Law, Vermillion, SD 57069) (Author/MLW)

Litigation shows a trend toward judicial support of continuing residency requirements for teachers and other public employees. Collective bargaining may turn out to be the major arena for the final battle on the issue. (Author/MLF)

Summarizes three current issues in school law, including school district suits over potentially carcinogenic asbestos insulation, a California judge's finding that captionless educational television discriminates against hearing-impaired students, and the federal government's attempt to keep the Fairfax (Virginia) school system from charging…

The relationship between nonresident tuition and decreasing student mobility may be altered in light of the 1973 Supreme Court decision that declared unconstitutional Connecticut's maintenance of a permanent nonresident classification for tuition purposes. This report looks at the impact of the Supreme Court decision on student residency…

The courts have generally upheld the right of institutions of higher education to require certain classes of individuals to reside in on-campus residence units. This report examines eight recent cases in which the issue of required on-campus residence has been raised. (Author)

Although a residency requirement establishing qualifications for employment can usually be imposed unilaterally by the public employer, a requirement dealing with conditions of continued employment must generally be negotiated if it impacts greater on conditions of employment than on the mission of the employer. (Author)

There are three major classifications of foreign students in the United States. "I-20" students are those who are in the country only to attend school. These students must attend an approved educational institution full-time or face deportation. Aliens who are permanent residents or who are visiting but meet residence requirements are…

Reviews and comments on three of the most important recent Supreme Court cases concerning the various legal and constitutional aspects of out-of-state tuition charges. (Author)

Discusses the residence requirements controversy at state institutions for higher education with examples citing the ramifications of court decisions. (PG)