Tag Archives: Article IX sec 2

Taylor and Alexa Lobato, et. al. and S. Ortega and B. Ortega, et. al. , v. The State of Colorado; Colorado State Board of Education; Robert K. Hammond, as Commissioner of Education; and John Hickenlooper, as Governor, 2013CO30 (May 28, 2013)

Catch 22: “A situation in which a desired outcome … is impossible to attain because of a set of inherently illogical … conditions.” Amer. Heritage Dictionary. Plaintiffs sought to remedy inherent disparities in an educational system uniformly inequitable: the wealthiest district can raise $219,000 per pupil and the poorest only $1,100. However, the standard is “thorough and uniform.” The Court held this means complete, comprehensive, and consistent, not equal. Also, the Constitution requires Local Control, so districts must control locally-raised education funds without the state mandating how such funds are used. The system is constitutional because it meets these standards. The dissents disagreed, finding the system’s disparities are not rationally related to the standards; they would also require the legislature to equitably fund its educational mandates.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SA25.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8959&courtid=2

For a link to all of the briefs filed in this case, click HERE.
(The CLR does not endorse or reject the views of “Children’s Voices” whose website is linked here).

Prior Opinions
Note: justiciable means the ability of a court to issue an opinion on the substantive questions presented.

Court of Appeals No. 06CA0733 , issued January 24, 2008

Holding: “We conclude that as political subdivisions, the school districts lack standing, and that the parents’ challenge to the adequacy of school financing is a nonjusticiable political question.”

Supreme Court No. 08SC185, October 19, 2009

Holding: “We reverse the court of appeals’ holdings that the plaintiff school districts lack standing to sue the state and that the plaintiffs have alleged a nonjusticiable claim.”

Trial Court Opinion upon remand from the Supreme Court, December 9, 2011.

Holding: “The Court concludes that the Colorado public school finance system is not rationally related to the mandate to establish and maintain a thorough and uniform system of free public schools. On the contrary, the public school finance system is irrational, arbitrary, and severely underfunded. This results in the denial of the rights of the Individuals Plaintiffs guaranteed by Article IX, section 2 of the Colorado constitution and the rights and powers of the School Districts pursuant to Article IX, sections 2 and 15.”

1 Comment

Filed under Appellate Review Challenged, Constitutional, Government, Interlocutory Review

Taxpayers for Public Education and Cindra Barnard, et. al. v. Douglas County School District; Douglas County Board of Education; Colorado State Board of Education; and Colorado Department of Education, and Florence and Derrick Doyel, et. al. Intervenors, 2012COA20 (February 28, 2013)

Money merely represents value; but it has come to symbolize so much more. Here, the Douglas County Public School District created a voucher system that gives taxpayer money to private and/or religious schools. The trial court held it was unconstitutional. The court of appeals reversed based on 4 conclusions: 1) courts may not inquire into the extent of religious instruction, 2) religious institutions are not directly benefited, 3) parents directed the funds, and 4) the system gave parents neutral funding choices that maintained the free educational system. The court also held Plaintiffs lacked standing to enforce a statute. It avoided deciding whether Colorado’s constitutional religion provisions were coextensive with the First Amendment. The dissent concluded the system was a pipeline of public money to religious schools, thus violating Colorado’s Constitution.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1856-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8846&courtid=1

CERTIORARI GRANTED

2 Comments

Filed under Appellate Review Challenged, Constitutional, Government