Saturday May 26, 2012
Judge rules Colorado education funding is unconstitutional

12/09/2011 7:39 PM

In a move that state officials say could be disastrous for Colorado's finances, a Denver judge ruled Friday in favor of school districts and parents who sued Colorado contending the state's education funding methods are unconstitutional.

The Legislature could be forced to allocate most of the budget to education to meet the plaintiffs' demands. But the ruling is likely not the end of the 2005 lawsuit. Both sides have said they expect it to be appealed to the state Supreme Court.

Democratic Gov. John Hickenlooper said most of the state budget would go to education if the plaintiffs prevailed because the Legislature would be forced to find as much as $4 billion in additional funding for the system. That's the plaintiffs' estimate of how underfunded Colorado schools are, the Associated Press reported.

In recent years school districts have had to cut millions of dollars from budgets because of state funding problems.

The case, Lobato vs. State of Colorado, was filed in 2005 by a group of parents and school districts from around the state, including Colorado Springs School District 11.

"We are thrilled that the judge has confirmed what we already knew," said Glenn Gustafson, D-11 chief financial officer and deputy superintendent, who testified during the long trial.

"We hope that the state legislature and the governor's office can work towards a solution that works for the community and students of Colorado."

Gustafson noted that Colorado is one of the worst states when it comes to addressing the achievement gap.

He noted that there are certain elements of the school finance system that do not treat all students equally. The state underfunds programs for such groups as those at risk of dropping out, English language learners and special education.

The case was argued in a five-week trial last summer. Attorneys representing parents and 21 school districts said in their closing remarks that the state's method of funding education is random, irrational and leaves poor students at a disadvantage.

The parents argued that the Colorado Legislature's funding method violates the state constitution's promise to provide a "thorough and uniform" education system.

One of the attorneys for the plaintiffs, Kenzo Kawanabe, said some of the poorest school districts don't have enough textbooks for students, and that what they do have is outdated.

He showed pictures of schools using old computers, and said that in some poor Colorado schools, the Soviet Union is still shown on maps.

"President Clinton is our current president and the Twin Towers of the World Trade Center still stand in New York and that's because we are using textbooks that are 10, 20, and 30 years old," Kawanabe said during the trial.

The suit has been winding through appeals and rulings for more than six years.

In April, Gustafson called the case "the most important education litigation of our generation."

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