However, four students at the University of Arizona are currently in the process of suing the Arizona Board of Regents, which oversees public universities in the state, for passing a proposal in 2003 that would have raised tuition in Arizona state schools 39 percent. ,”

The cost of a college education has been going up steadily over the last few years, but most students don't do anything about it apart from taking out more loans.

However, four students at the University of Arizona are currently in the process of suing the Arizona Board of Regents, which oversees public universities in the state, for passing a proposal in 2003 that would have raised tuition in Arizona state schools 39 percent.

The students took legal action on the premise that a mandate in Arizona's state constitution for the state of Arizona says that the cost of higher education will be made "as nearly free as possible."

"This proposed tuition raise was way out of the norm. It was an astronomical increase when compared with past increases," said Serena Unrein, executive director of the Arizona Students Association, a student advocacy group.

According to Anne Barton, spokeswoman for the Arizona Board of Regents, the average tuition increase in the last five years was 13.8 percent. Last year there was a 6 percent tuition increase.

"The court did not rule on whether the tuition increase was good or bad. It only ruled on if the actions of regents can be reviewed by the court," Barton said.

The court ruled against the Board of Regents Nov. 22, establishing that it is not immune to legal action. The Arizona state legislature, however, is immune to similar types of legal action, which is significant because it determines how much funding the state is going to provide to higher education in Arizona.

"When you have a mandate like (the Arizona constitution does), the court has the right to see that it is being upheld," said Devin Mauney, a board member for the ASA and its statewide tuition spokesman.

Barton said the Arizona Supreme Court is being asked to review the case.

"It should be a long process, and at this point we don't even know if they'll take it," Barton said.

The Arizona Attorney General's office, which is representing the Board of Regents, declined to comment on the case.

Should the Board of Regents win the case, they will continue to be able to raise tuition as they see fit. However, in the event of the students winning the case, the outcome is less certain. A student victory could mean the Board of Regents would have to put a cap on how much it can raise tuition each year.

"It would leave a lot of things up in the air. If tuition can't go higher, but the legislature doesn't fund, there could be problems," Mauney said. "If the legislature refuses to fund it's impossible to have really low tuition."

Unrein said this case shows that students have a right to hold their governing bodies accountable for what their states require them to do.

"It highlights that college costs are going up incredibly rapidly and what a burden they are on students and their families," Mauney said.

The Board of Regents is scheduled to set tuition for next fall today.

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