ANNAPOLIS, Md. (AP) - Maryland's highest court will decide whether a referendum on a measure allowing in-state tuition for illegal immigrants will appear on the general election ballot this fall.

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The Court of Appeals said this week that it will hear CASA de Maryland's appeal of a judge's decision to allow a referendum on the Maryland Dream Act.

Arguments are scheduled for June 12.

Supporters of the measure contend it is not subject to referendum, because it involves funding of state government programs.

They are appealing Anne Arundel County Circuit Judge Ronald Silkworth's February decision that the measure is subject to referendum because it changes eligibility requirements for in-state tuition, and doesn't make any appropriation.

The state elections board has already certified a petition drive to put the referendum on the ballot.