The Southern Poverty Law Center is suing the state on behalf of Ms. Romero and four other Florida high school graduates, all U.S. citizens, who are getting the same second-class treatment by the state's colleges and universities. The lawsuit argues the state is violating their constitutional right to equal protection under the law since they are being treated differently from other citizens whose parents are legal residents.
The class-action lawsuit is compelling, yet Florida's students should not have to wait for it to wind its way through the federal courts. The state Department of Education and the state Board of Governors, which respectively oversee state colleges and universities, should revoke this rule and stop discriminating against Floridians who deserve the same rights as their classmates.
A Democratic state lawmaker from Jacksonville has responded with a bill that would eliminate this fundamental unfairness, but his bill's prospects in the Republican-controlled Legislature are tenuous at best. And, according to the Southern Poverty Law Center attorney who filed the lawsuit, the residency requirement is not even mandated by state statute. The requirements arose, the attorney says, in regulations set up by the Department of Education and the Board of Governors, which flesh out general state laws with administrative rules.
California and Colorado once had similarly wrongheaded policies but rescinded them after legal challenges. There's no reason to think Florida's rules will fare any better, and it would be wrong for state officials to wait and see. Repealing this harmful, un-American provision would spare Florida further shame and let Ms. Romero and untold other aspiring students back into the classroom.
http://www.palmbeachpost.com/opinion/editorials/in-state-tuition-bias-against-true-floridians-1939546.htmlInteresting to see if the "Republican-controlled Legislature" in Florida will touch this since it involves illegal immigrant families even though the students themselves are Americans.