martinezvbynum

461 U.S. 321 (1983)
 * Martinez v. Bynum**

D (Texas Commissioner of Education, the Texas Education Agency, four local school districts and various local school officials in those districts) denied a student tuition free admission to the public schools. P (Oralia Martinez; next friend of Roberto Morales) challenged the constitutionality of the Texas statute permitting the school district to deny tuition free admission to its public schools for a minor who lived apart from a “parent, guardian, or other person having lawful control of him” if his presence in the district was “for the primary purpose of attending the public free schools”.
 * Facts:**

Does the Texas statute violate the equal protection clause of the Fourteenth Amendment or burden or penalize constitutional rights of interstate travel? No.
 * Issues / Answers:**

Legal Basis – statutory interpretation - (Texas Section 21.0131) is a bona fide residence requirement that satisfies constitutional standards.
 * Basis / Rationale:**

Rationale – A bona fide residence requirement, appropriately defined, furthers the state interest in assuring that services provided for its residents are enjoyed only by residents. The term “residence” generally requires both physical presence and an intention to remain and this two part definition of residence has been recognized as a minimum standard in the past.

Roberto Morales was born in 1969 in McAllen Texas and is a United States citizen by birth. His parents are Mexican citizens and reside in Mexico. In 1977 he returned to McAllen Texas to live with his married sister who was not his guardian, but his custodian. In the fall of 1977 the McAllen Independent School District denied Morales’ application for tuition free admission to the school district.
 * Notes**:

The Texas statute says a school district as to permit a child such as Morales to attend school without paying tuition if he has a bona fide intention to remain in the school district indefinitely.

If there is a change in custody of a child, school districts may inquire as to whether the purpose is to circumvent school zoning requirements. In addition, a change in a student’s residency for the sole purpose of participating in athletics may also be denied without violating a student’s property rights.