Kromko v. Arizona Board of Regents

OPINION

HURWITZ, Justice.

¶ 1 Article XI, Section 6, of the Arizona Constitution provides for a “university” 1 at which “the instruction furnished shall be as nearly free as possible.” This case requires us to decide whether the superior court correctly dismissed a complaint alleging that the tuition charged at Arizona’s state universities for the 2003-04 academic year violated this constitutional provision.

I

¶ 2 The Arizona Constitution mandates “a general and uniform public school system,” including “[u]niversities.” Ariz. Const, art. XI, § 1(A). The Constitution also provides for a Board of…