Tag Archives: CRS 22-54-104

Lindi Dwyer and Paul Dwyer, as individuals and parents of Jayda Dwyer, Joslyn Dwyer, Janesha Dwyer, and Jentri Dwyer, et. al. v. The State of Colorado; Robert Hammond as Commissioner of Education; and John Hickenlooper as Governor of the State of Colorado, 2015CO58 (Sept. 21, 2015)

“Reading the two sets of briefs, it’s like two ships passing in the night” – Coats, J. (oral argument). This case raised one of two questions about Amendment 23’s (Am 23) school funding mandate: what does “base” mean or, was it rendered meaningless? A “negative factor” was created by the legislature for the purpose of reducing the State’s school funding obligations. Am 23 mandates annual increases to “statewide base per pupil funding.” The Negative Factor reduces nearly all other parts of the funding formula without reducing “base” funding. The majority held that so long as there is no reduction in “base funding,” the “algebraic significance [of the Negative Factor] within the funding formula is immaterial [to Am 23’s mandate].” The dissent noted that the Negative Factor eliminates the school funding increases intended by Am 23, creating fact questions that preclude dismissal.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2015/15SA22.pdf
http://www.cobar.org/opinions/opinion.cfm?opinionid=9927&courtid=2

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Filed under Constitutional, Government, Interlocutory Review