Calif. court upholds in-state tuition for illegals
Lawyer Blogs
The California Supreme Court upheld a state law on Monday allowing illegal immigrants who attend high school in California for three years and graduate to pay lower in-state tuition rates at state colleges and universities.
The unanimous ruling reverses a lower-court decision siding with opponents of the law who said it unfairly favors illegal immigrants over U.S. citizens who live outside California and are charged much higher out-of-state tuition rates.
The measure, passed by the state legislature in 2001, was challenged in court on behalf of students who are U.S. citizens and claimed they were illegally denied the in-state tuition break carved out for undocumented students.
Nine other states have adopted similar tuition laws, and legal challenges are pending in two of them -- Nebraska and Texas, lawyers for both sides in the California case said.
Kris Kobach, attorney for the Immigration Reform Law Institute, which brought the California suit, said Monday's decision was "flawed in numerous ways" and vowed to appeal to the U.S. Supreme Court.
Kobach, whose group estimates more than 25,000 illegal immigrants pay in-state tuition each year under California's statute, said there was a good chance his side would prevail if the nation's high court agreed to hear the case.
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IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.