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No. 26, September Term, 1999 JEREMY R. FRANKEL v. BOARD OF REGENTS OF THE UNIVERSITY OF MARYLAND SYSTEM, et al.

[The University Of Maryland, College Park, A State-owned And Operated Institution Of Higher Education, Requires That Students Classified With "Out-of-state Status" Pay Higher Tuition Fees Than Students Classified With "In-state Status." Pursuant To The University's Tuition Policy, Students Who Are "Financially Independent" Are Eligible For In-state Status Upon A Showing Of "Permanent Residence" In Maryland. Students Who Are "Financially Dependent" Upon An Out-of-state Benefactor, However, Are Ineligible For In-state Status. The Issue In This Case Is Whether The University's Policy Violates The Due Process And Equal Protection Rights Of Bona Fide Maryland Residents Who Are Financially Dependent Upon An Out-of-state Source Of Funds]

IN THE COURT OF APPEALS OF MARYLAND No. 26 September Term, 1999 ___________________________________________

JEREMY R. FRANKEL

v.

BOARD OF REGENTS OF THE UNIVERSITY OF MARYLAND SYSTEM, et al. __________________________________________ Bell, C.J., Eldridge Rodowsky Raker Wilner Cathell Harrell, JJ. ___________________________________________ Opinion by Eldridge, J. __________________________________________ Filed: November 6, 2000

The University of Maryland, College Park, a State-owned and operated institution of higher education, requires that students classified with "out-of-state status" pay higher tuition fees than students classified with "in-state status." Pursuant to the University's tuition policy, students who are "financially independent" are eligible for in-state status upon a showing of "permanent residence" in Maryland. Students who are "financially dependent" upon an out-of-state benefactor, however, are ineligible for instate status. The issue in this case is whether the University's policy violates the due process and equal protection rights of bona fide Maryland residents who are financially dependent upon an out-of-state source of funds. I. The University of Maryland, College Park, is part of the University System of Maryland. The University System of Maryland is "an independent unit of State government" established "[i]n order to foster the development of a consolidated system of public higher education" in Maryland. Maryland Code (1978, 1999 Repl. Vol.),

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Maryland Law