AZMEX I3 8-9-17

AZMEX I3 8 SEP 2017

AG Brnovich Files Lawsuit Against Arizona Board of Regents for Unconstitutional Tuition Hikes

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For Immediate Release: September 08, 2017
Contact: Mia Garcia (602) 339-5895 or Mia.Garcia@azag.gov
https://www.azag.gov/press-release/ag-brnovich-files-lawsuit-against-arizona-board-regents-unconstitutional-tuition-hikes

PHOENIX – Attorney General Mark Brnovich today filed a lawsuit against the Arizona Board of Regents ("ABOR") for dramatically and unconstitutionally increasing the price of base tuition and mandatory fees at Arizona's public universities by more than 300 percent since 2003. The Arizona Constitution requires that "the university and all other state educational institutions shall be open to students of both sexes, and the instruction furnished shall be as nearly free as possible."

"Every Arizonan dreams of being able to send their kids to college," said Attorney General Mark Brnovich. "Within the last 15 years, Arizona went from having some of the most affordable public universities to having some of the most expensive. We believe the Board of Regents needs to be held accountable and answer tough questions for Arizona's skyrocketing tuition rates."

The State alleges that ABOR has adopted unconstitutional tuition-setting policies, has abandoned its duty to serve as a check on the university presidents, and has ceased deriving tuition rates from the actual cost of instruction. According to the lawsuit, ABOR has misinterpreted its "nearly free" mandate to mean whatever the market rate is for peer institutions and made itself as the arbiter of "affordability" for Arizona's students and families.

Intertwined with these price hikes, ABOR has also refused to comply with Arizona law prohibiting state subsidies for students "without lawful immigration status." ABOR is causing the illegal expenditure of public monies and the failure to collect tuition in direct contravention of clear and established Arizona law.

For a copy of the lawsuit,
https://www.azag.gov/sites/default/files/ABOR%20COMPLAINT%20FINAL.pdf.pdf

Deputy Division Chief Beau Roysden and Assistant Attorneys General Keith Miller and Evan Daniels worked on this case.






Arizona university bosses sued for immigrant tuition
Associated Press
2:15 PM, Sep 8, 2017

http://www.abc15.com/news/state/arizona-university-bosses-sued-for-immigrant-tuition

ABC15SHOW CAPTION
PHOENIX - Arizona's attorney general is suing the state university system over its decision to keep providing lower in-state tuition rates for immigrants granted deferred deportation status.

The lawsuit filed Friday goes much farther and alleges the Arizona Board of Regents is violating the state Constitution through a years-long series of tuition increases. Arizona's Constitution says public universities' tuition must be as close to free as possible.

The action by Attorney General Mark Brnovich comes days after the Trump administration announced it will wind down the Obama-era Deferred Action for Childhood Arrivals program.

The board sent a letter to the attorney general's office last month noting its intention to wait for the Supreme Court to decide whether to overturn a lower court's ruling that those immigrants aren't eligible for lower in-state college tuition.

END