Supreme Court Sends Adequacy Lawsuit Back to District Court

The Colorado Supreme Court issued a critical decision October 19, finding that the "school funding adequacy" lawsuit should go back to back to the lower court that dismissed it. The ruling means that the parents from eight school districts in Colorado (14 in the San Luis Valley) will get their day in court to prove that Colorado's public school finance system is grossly underfunded and unconstitutional.

The parents initiated the suit in 2005 against the State, the State Board of Education, and Governor Bill Owens. They alleged that our schools have been so underfunded that school children are denied an adequate education in violation of the State Constitution's mandate for a "thorough and uniform" public education system. The lack of funding, the plaintiffs claim, affects all students and districts, particularly students from lower income families, ethnic and racial minorities, non-English speakers, and students with disabilities.

In March 2006, a Denver District Court judge ruled against the plaintiffs, concluding the current funding system meets the requirements of Amendment 23, is not subject to court review, and that school districts have no standing to sue the state. An Appeals Court panel upheld that decision. The State then moved to dismiss the case, arguing that the adequacy of the state's education system is a political question the Legislature should decide. The Supreme Court disagreed, saying that the plaintiffs should have the opportunity to prove their claims at trial in District Court.

Supreme Court Decision, October 19, 2009