October 22, 2009

Note: CASB encourages all school districts to support the legal team’s expenses in the Lobato case. A joint letter from CASB and CASE and talking points were distributed in December to all school districts. We also have a sample Board of Education resolution, if your board would like to publicly support the case.

Supreme Court Allows School Finance Adequacy Lawsuit to Proceed

This week, the Colorado Supreme Court determined that a trial could be held in the public school finance case brought on behalf of fourteen school districts, parents and students across the state. The Lobato v. State of Colorado lawsuit challenges both the state system’s level of funding and the method of determining funding, including the Public School Finance Act, categorical programs and capital construction.

Both a Denver District Court and the Colorado Court of Appeals had ruled that the case should not proceed because the school districts lacked standing to bring the suit under the Local Control Clause and because the quality and adequacy of school funding presents a question for the legislature, not the courts. In its 4-3 decision, the Supreme Court ruled that the courts can properly review the state’s public school finance system to assure that it meets the constitutional mandate of a “thorough and uniform” system of public education. In addition, the Supreme Court opined that public school districts can continue to participate as plaintiffs in the litigation.

The Supreme Court remanded the case to the Denver district court for a trial that is likely to occur in the next 12 to 18 months. To be successful, the Supreme Court specified the plaintiffs must demonstrate that the system of school finance does not fund the estimated actual cost of providing an education that would allow students to meet the standards and objectives set forth in the legislature’s education reform legislation. In legal terms, the plaintiffs must show the school finance system “is not rationally related to the constitutional mandate of a ‘thorough and uniform’ system of public education.” (p. 42). If the plaintiffs are successful at trial, then the Supreme Court ruled, “the court must provide the legislature with an appropriate period of time to change the funding system so as to bring the system in compliance with the Colorado Constitution.” (p. 43)

CASB filed an amicus brief in support of plaintiffs in the Supreme Court on behalf of CASB and Colorado Association of School Executives (CASE). As this case proceeds, CASB will continue to work with the other education stakeholders, including school districts, CASE, Colorado Education Association and the Colorado School Finance Project.


Click here to download the Supreme Court’s order.