Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally Hein
Opinion
Opinion
Fernandez, J.
Parks School of Business appeals the district court’s dismissal of its complaint against Arizona Governor Fife Symington, United Student Aid Funds, and various of its officials for failure to state a claim. It also contends that if dismissal was proper, it should have been without prejudice so that Parks could file an amended complaint revising its allegations that the defendants unconstitutionally terminated Parks’ participation in a federal student loan guarantee program. We affirm in part, reverse in part, and remand.
BACKGROUND
Parks, a private junior college, is a New Mexico corporation. Although its main place of business is in Albuquerque, New Mexico, it also has a campus in Tucson, Arizona, the site involved in this litigation.
Since 1981, USAF, doing business as Arizona Education Loan Program, has been Arizona’s designated guarantor of student loan programs. All of USAF’s government funding comes from the federal government. USAF manages and operates a program for the guarantee of loans made by participating lenders on behalf of Arizona residents and others who are attending eligible institutions of higher learning in the State of Arizona. Parks contends that it was at…