Statement from ABOR Chair Larry E. Penley regarding agreement with AZ Attorney General to dismiss tuition lawsuit

“Today, the Arizona Board of Regents voted to authorize a stipulation with the Attorney General’s Office in which both parties agree to the dismissal with prejudice of the remaining count in the lawsuit regarding university tuition. This stipulation will result in an order of the Superior Court that will put an end to the lawsuit brought against the board more than three years ago. 

“On behalf of all Arizonans and future generations, the board remains steadfast in its commitment to ensure access to an affordable, quality higher education that remains within reach of Arizona families.”

Background

Last November, the Arizona Supreme Court dismissed counts I through V of the Arizona Attorney General’s tuition lawsuit against the board and remanded count VI to Superior Court. This count alleged that the board violated Arizona law by offering DACA students in-state tuition. 

Eligible DACA students were offered in-state tuition between May 7, 2015, after Superior Court ruled that they qualified for in-state tuition, and April 9, 2018, when the Arizona Supreme Court held they were not eligible. The board immediately complied with the decision of the Supreme Court and discontinued in-state tuition for these students.