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88. Is the company likely to prevail?
An out-of-state tutoring company would like to conduct business in the state, but very few of its tutors are licensed by the state. The company has sued to challenge the law.
In order to ensure the high quality of tutors in state public schools, a state law requires public schools to hire only tutors licensed by the state. To obtain a license, a tutor is required to achieve a passing score on a state-administered exam in the tutor's area of specialty. On several occasions, an organization representing tutors licensed in the state has successfully lobbied against proposed legislation that would have eased the licensing requirement.
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B is incorrect. This answer describes the more demanding standard of review, intermediate judicial scrutiny. The licensing requirement for tutors neither burdens a specially protected individual right nor creates a constitutionally sensitive classification and should receive rational basis review.
C is incorrect. Although the licensing requirement serves the special interests of licensed tutors, it also serves the state's legitimate interest in ensuring the competency of tutors, which is all that is required to sustain the statute.
D is incorrect. The Privileges and Immunities Clause of Article IV, which prohibits certain forms of discrimination by states against the citizens of other states, is not implicated by these facts. Although the challenge has been brought by an out-of-state company, the state licensing requirement applies equally to the state's citizens and to the citizens of other states.