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News
Editorial: Tuition lawsuit dangerous


By Wildcat Opinions Board
Arizona Daily Wildcat
Thursday August 28, 2003

Opinions are determined by the Wildcat opinions board and written by one of its members. They are Kristina Dunham, Brett Fera, Caitlin Hall, Daniel Scarpinato and Jeff Sklar.

When four UA students filed a complaint earlier this week against the Arizona Board of Regents and the state, alleging that this year's tuition hike violates the state constitution, they cited a controversial clause that must now be interpreted in a way that prevents the universities from being choked of further vital funding.

The lawsuit alleges that the $1,000 tuition hike passed in March goes against a clause in the constitution stating that a university education should be "as nearly free as possible."

Ambiguous as the clause itself is, we're stuck with it. Barring a constitutional amendment either eliminating or clarifying that statement ÷ which wouldn't be a bad idea ÷ the courts will be left to decide its intention. Ultimately, the court will hopefully interpret the clause in a manner similar to that of gubernatorial spokesman Paul Allvin.

"As nearly free as possible is a sliding scale," Allvin said in Tuesday's Wildcat.

At what point is it possible to run a university? Given the reality of the state's budget and the apathy of legislators toward the UA, ASU and NAU, it doesn't seem possible to run a quality university without collecting more money from the students.

The four student plaintiffs read the law a different way, and their interpretation is one that could have potentially catastrophic effects. If the plaintiffs manage to win, the university will be stuck without reasonable state funding and without the ability to collect it from the students.

Whether intentionally or not, they are ignoring the reality of the state budget crunch and proposing the suffocation of Arizona's universities.

The reality of the state's economy is that the Legislature is cutting funding for the universities. Like it or not, we're stuck with our budget cuts and meager allocations. Someone has to pick up the slack. In this situation, the only reasonable option is the students, the people who benefit the most from the universities' presence.

Lest we all forget, in-state tuition here is still a hell of a deal. We're getting a college degree for less than the price of an economy-sized car. That's what Arizona's courts must keep in mind as this lawsuit proceeds, and hopefully they'll interpret the ambiguity in the constitution in a way that allows the universities to continue functioning.


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