On October 19, 2009, the Colorado Supreme Court announced its decision in Lobato v. State, overturning a court of appeal's opinion that dismissed the plaintiffs' challenge to the adequacy of the state's public school funding system. The plaintiffs allege that Colorado’s education financing system violates the state constitution education article, which requires the state to establish and maintain a thorough and uniform system of free public schools, because the formula is underfunded and distributes funds on an irrational and arbitrary basis.

The plaintiffs challenge the inadequacy of funding for programs and services for at-risk students, English language learners, students with disabilities, gifted and talented students, transportation and capital construction. In addition, they have made increased funding for preschool an important component of their case, claiming that "[p]reschool and full-day kindergarten programs are necessary to assure all at-risk students an opportunity for quality education" under the State constitution, state school reform laws, and the federal No Child Left Behind Act.

The trial court and court of appeals had ruled that the case dealt with a political question that should be left to the legislature, but the supreme court concluded that the court has the responsibility to determine whether the financing system comports with the requirements of the education clause in the state constitution.  This ruling means that the case will proceed to trial, where the plaintiffs will have the opportunity to prove that Colorado does not adequately fund education. The plaintiffs will still have a tough burden to meet, as the supreme court noted that the trial court must give substantial deference to legislature’s fiscal and policy judgments.

Plaintiff Anthony Lobato, the father of two high school students, is satisfied with the court’s decision. "We have been fighting for far too long for someone to recognize our children’s futures are in jeopardy," he said. "I am extremely relieved and grateful that, after nearly five years in the court system, we will finally have an opportunity to expose the dire financial condition of our schools in this state."

Prepared: November 19, 2009

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