Module 3

Assignment 3

Priyal Morjaria

Chapter 4
2. What are normally accepted criteria for determining in-state status for students? Most states
require a student to be living in the state they intend to attend college for at least six to twelve
months before being enrolled. Students have to provide proof of domicile in that specific state.
3. How important is the students intent to remain in a state in establishing in-state status? The
entire premise of in-state residency for students that are initially nonresident relies heavily on
the students intent to remain in state. Intent for permanent residency is the hardest to prove.
Institutions need proof that the students purpose to move to the state in question goes beyond
just attending college. Evidence such as voter registration, vehicle registration, drivers license or
property tax payments may not be enough to prove intent.
5. What are the three basic constitutional clauses that effect in-state status?
* Equal Protection clause of the Fourteenth Amendment of the US constitution: Residency is
often challenged using equal protection. The argument is that denying resident status to some
students for education while allowing other resident status for governmental purposes denies
equal protection.
*Due Process Clause of the Fourteenth Amendment: This clause does not allow states to deny
individuals the right to provide evidence of resident status for the purpose of receiving in-state
tuition.
*Supremacy Clause: Residency laws with regards to college tuition purposes are usually state
regulated yet state universities have to ensure that their regulation is not in interference with
federal laws regarding residency.
Chapter 5
4. By what rationale can universities deny students the free choice of living off campus?
It is in a students, especially freshman student, best interest to reside on campus and to
experience collegiate life by living and learning within the institution. At times students who
do not wish to comply challenge rules that exempt married students, students living in Greek
housing, students living with family, commuter students, and students above the age of 23 from
abiding by this requirement. In Poynter vs Drevdahl the federal court granted motion for
summary judgment to the university on the claims of paying off revenue bonds, discrimination to
younger students, arbitrary exclusions and the idea that its too expensive to live on campus.
5. Do exclusions from housing requirements for some students and not for others violate equal
protection?
Yes there are some cases where requiring students based on certain characteristics like race and
gender to live on campus while exempting others is denial of equal protection. For example in a

Module 3

Assignment 3

Priyal Morjaria

Louisiana 1969 case a university required its female students so stay on campus while giving its
male students the choice to do so or not. Federal courts judged it denial of equal protection.