The Arizona Supreme Court on Aug. 9 upheld a lower court’s ruling dismissing a challenge to the Arizona Board of Regents’ decision to increase university tuition in 2003.
In Kromko v. Arizona Board of Regents, four students sued for declaratory and injunctive relief, alleging that the tuition charged for the 2003-2004 academic year was excessive and violated the “as nearly free as possible” provision of the Arizona State Constitution. The state Supreme Court agreed with the Maricopa County Superior Court decision dismissing the case because the amount of tuition for a particular year is a political question that is not proper for the courts to address.
“We are very pleased with this decision,” Attorney General Terry Goddard said. “The Arizona Board of Regents must have the ability to set tuition that will help maintain excellent teaching and facilities at Arizona’s three universities.
“The Court appropriately recognized that these important policy decisions are made by the Board of Regents, not the courts.”
Board of Regents President Fred Boice said the court decision affirms the authority of the board to set tuition at rates it deems fair.
“Setting tuition is one of the most important decisions we make, and we will continue to follow processes that support our commitment to access, affordability and quality,” he said.
Initially, the students also challenged the Legislature’s appropriations for the state’s three universities. In November 2006, the Arizona Court of Appeals affirmed the trial court’s decision dismissing that part of the lawsuit, ruling the Legislature had legal immunity in its spending decisions. But the Court of Appeals held that the complaint against ABOR should not have been dismissed.