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Boulder – State officials were scrambling to find a way to stop the University of Colorado from raising its in-state tuition by 28 percent.

The school’s Board of Regents this week defended its decision to raise tuition for Colorado’s undergraduates, citing five years of stagnant or declining public funding and high out-of-state tuition that is driving students away.The number of out-of-state students enrolling at the school this fall is expected to drop 7 percent.

“You really have the principle of the free market at work,” Regent Tom Lucero said Wednesday. “You can continue to raise out-of- state tuition, but you begin to lose your market share.” On Saturday, regents approved tuition increases for Colorado residents of up to 28 percent for fiscal year 2006, while limiting the out-of-state tuition increase to 6 percent. University officials said tuition is still about $1,500 below that of peer universities, and the campus will raise financial aid by 47 percent through the tuition increases.

Gov. Bill Owens called the move “greedy” and “bad policy” that violates the spirit of the agreement the state’s Commission on Higher Education reached with CU officials.

“I don’t think any of us expected increases of 28 percent,” Owens said.

Both Owens and the commission have asked CU to reconsider its decision, indicating the school could face budgetary consequences.

At Owen’s request, the commission’s Executive Director Rick O’Donnell is looking into the state’s options.

“At the end of the day, whether it’s by their own decision or because we try to make it happen, I really think the regents are going to reconsider their vote,” O’Donnell said Tuesday.

The nine-member Board of Regents will meet again before making next year’s budget final, but board chairman Jerry Rutledge said he’s sticking with the board’s unanimous decision.

“One regent can’t make any decisions, and I suppose the board could reconsider anything,” he said this week. “But there’s not much choice.” Owens said the university’s argument that declining out-of-state tuition is leading to declining enrollment is not supported by the facts. He blames bad publicity generated by the football recruiting scandal and the Ward Churchill controversy.

CU officials have said that an e-mail and Web site poll of out-of-state students who were admitted but chose not to attend showed finances were their chief concern.

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