BRYAN V.

REGENTS OF UNIVERSITY OF CALIFORNIA

Case Review
Santuan Stanley
Georgia Southern University
EDLD 8431 - Higher Education Law
October 4, 2015

BRYAN V. REGENTS OF UNIVERSITY OF CALIFORNIA

Facts
In 1922, there was a student by the name of Bryan who wanted to attend the University of
California. She was admitted into the university but with the understanding she is to pay the full
tuition rate that all non-California residents are required to pay. Bryan was not a resident of
California but she did not want to pay the extra fee of $75 per semester. Her belief was that she
was being punished for not being from the state of California and also felt that this was a
violation of her constitutional rights, following those actions she petitioned and was able to have
her case was heard by the Supreme Court of California.
Issue
Residents in the state of California that have the privilege to attend the University of California
are required to pay tuition. Although there may be scholarships and grants used to offset the cost
of tuition, it is required that all students pay tuition, which in most cases are the same for each
and every student. Although, it could vary depending on the program a student decides to study.
Students who are non-residents in the state of California can also be admitted into the University
of California, but these students have an extra flat fee that has to be paid for all non-residents. In
1922, $75 per semester was the flat fee that was required on top of the regular tuition to all out of
state students to attend the University of California. The issue at hand is simply whether the extra
fee that is made mandatory for students to attend a university outside their state of residency is
constitutional.
Answer
It is constitutional to make distinction between residents and non-residents. In the Constitution it
allows the denial of a citizens right to vote within a state until certain requirements are met, such

BRYAN V. REGENTS OF UNIVERSITY OF CALIFORNIA

as residing for at least one year can classify as a bona fide resident. A bona fide resident is a
citizen that has a long term plan to reside within a particular state and therefore receives the
benefit of a full resident. Therefore Bryans petition to receive in-state tuition on the grounds that
the distinction between residents and non-residents is unconstitutional and was consequently
denied.
Reasoning of the Court
The court used a few different reasons for denying the petition of Bryan. The court felt good
about holding the legislature that classified citizens and their abilities to vote, determining that a
student must maintain residence for a full taxation period to show evidence of becoming a bona
fide resident. This keeps students who only want to achieve state residency temporarily or only
to attend the university from gaining residency and paying in-state tuition. Reason being is
because a large amount of money that is used to fund these universities come from the
government which comes from state tax payers. It would be unfair for these dollars to go toward
an individual who does not paid taxes in that state and then benefit from the tax payers dollars.
Conclusion
Bryan decided to petition the court back in 1922 on the grounds that she might have been taken
advantage of by the inflation of tuition. She presented a good case and it was heard by the
Supreme Court of California. The Supreme Court ruled in the favor of the University of
California, the reasons for the higher tuition rate were justified. On top of that, the Constitution
also justified the Universitys actions of classifying students by their residency status. When
most issues are challenged constitutionally, as long as all of the students that are in the same
category (out-of-state students), were required to follow the same actions in this case the out-of-

BRYAN V. REGENTS OF UNIVERSITY OF CALIFORNIA

state students required to pay the extra $75 per semester, no constitutional rights are being
violated.

BRYAN V. REGENTS OF UNIVERSITY OF CALIFORNIA

References
Alexander, K., & Alexander, K. (2011). Student Fees and Tuition. In Higher education law:
Policy and perspectives. New York, NY: Routledge.