Search Results for: Lobato

Colorado Starts New School Finance Lawsuit: How Different than Lobato?

Back at the end of May I told you about another school finance lawsuit looming in Colorado. Even as my Education Policy Center friends were helping me write that, I could almost hear the distant strains of anguish. Lobato was floating out there for nearly eight years… do we really have to endure the same excruciating twists and turns again? The answer is “Sort of.” On Friday, June 27, the same law firm that brought you Lobato made it official when they filed Dwyer v State in Denver District Court. The good news is this time they’re not asking to break the bank: The plaintiffs ask that the negative factor section be stricken from the state’s school funding law and that the legislature be barred from reinstating the factor in another form. The suit does not ask that lost funding be restored. After all, National Education Association data indicates that Colorado ranks 21st in per-pupil spending. So cries for an extra $2 billion a year in the wake of Amendment 66‘s decisive electoral conflagration might just be scoffed at this point.

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A Year without Lobato Means Another School Finance Case Looms in Colorado

Life here in Colorado just isn’t the same without a pending school finance lawsuit. For about eight years, the Lobato case lingered in the background — sometimes drearily, sometimes dramatically — as students and teachers, principals and parents, school boards and state lawmakers went about the work associated with their various roles in the K-12 education world. It was almost exactly one year ago today that the Colorado Supreme Court issued its final Lobato ruling, and I began clinging to a ray of hope for true school finance reform. What we got instead was the Amendment 66 tax hike, soundly defeated by Colorado voters. In the election’s aftermath, the state legislature came back with the so-called Student Success Act — which gave us a couple small advances but left some real opportunities for student-focused funding off the table. Then today we read in the Boulder Daily Camera:

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Ray of Hope for True School Finance Reform in Post-Lobato Lawsuit Landscape

Apologies to all if I seem a little off-kilter today. You see, it’s finally sunk in that for the first time I can remember, there is a world of Colorado education without a Lobato funding adequacy lawsuit. A few months ago, as the two sides argued their respective cases before the state Supreme Court justices, I remarked how we need school finance reform, not a constitutional crisis. And yesterday’s ruling gives us that helpful reprieve. I can understand, no doubt, why emotions are running high for some plaintiffs who expended so much time and energy fighting to sway the judges into ordering more education funds from the state tax coffers. (Then again, there’s not so much sympathy for the school boards that voted to spend taxpayer dollars suing for more tax dollars and forcing the state to spend money to defend the case. How many of these school districts contributed funds, and how much?) As Professor Joshua Dunn noted in a radio conversation yesterday, one can only wonder what sort of success the Lobato plaintiff team might have had instead spending the past 8 years focused on improving education without expecting the judiciary to give perceived solutions to authentic problems. […]

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Lobato Case Returns: We Need School Finance Reform, Not Constitutional Crisis

Yesterday, some attorneys got up and argued an important case affecting K-12 education before the Colorado Supreme Court. The hearing was about an appeal of the Denver district court’s Lobato decision, previously referred to by the Denver Post as the “Super Bowl of school funding litigation.” Judge Sheila Rappaport granted judgment for the plaintiffs, contending that an additional $2 billion-plus a year would be needed to fund the K-12 system. Where the money is supposed to come from, who knows? Before the state’s highest court, the lawyer for the State of Colorado questioned one of Rappaport’s key findings: [Jonathan] Fero, an assistant attorney general, repeatedly argued that having a thorough and uniform educational system doesn’t mean creating a system where every child is equally successful.

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Latest Filings in Lobato Case Remind of Need for Real School Finance Reform

Ed News reports that the State of Colorado has laid out its detailed argument in the appeal of the Lobato school funding case. Former governors of both political stripes joined the University of Colorado Board of Regents and a coalition of business leaders in submitting their formal backing with the State and against the lawsuit: The state’s brief, along with most of the amicus briefs, attempts to make the point that the high court needs to consider all state budgetary needs, not just whether K-12 funding is constitutional, in making its eventual decision.

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NY NAACP Lawsuit and Lobato Ruling: Don't Let the Outrage Get You Down

Has it really been almost three months since I told you about a new Choice Media video on the Douglas County Choice Scholarship program injunction? Well, award-winning director Bob Bowdon has triumphed again with this hard-hitting, six-minute video about the New York City NAACP’s lawsuit trying to remove a charter school that successfully serves inner-city minority students:

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Governor Appeals Lobato Ruling; State Board May Need Some Holiday Cheer First

Talk about making an important decision before Christmas AND the big snowstorm that hit the Denver area and the foothills. Yesterday morning Governor John Hickenlooper announced that he will appeal the outrageous school finance ruling in Lobato v State: “…a final resolution of the constitutional and legal issues involved in the case require an appeal to the Colorado Supreme Court. “The judge’s decision provided little practical guidance on how the state should fund a ‘thorough and uniform’ system of public education. Moreover, while the judge focused on the inadequacy of state funding, she did not reconcile this issue with other very relevant provisions of the Constitution, including the Taxpayer’s Bill of Rights, the Gallagher Amendment and Amendment 23….” Along these same lines, UCCS political scientist Joshua Dunn even more strongly pointed out on a recent iVoices podcast that Judge Rappaport’s ruling uniquely demonstrated “an absolute contempt for the constitution” by openly stating she could ignore those important constitutional provisions. In comments for a School Reform News story written by my Education Policy Center friend Ben DeGrow and released on Tuesday, Dunn made a couple other key observations, including:

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Hanushek Connection: Lobato Testimony, Funding Research, Waiting for "Superman"

It’s been a couple weeks since I chimed in on Colorado’s Lobato school funding trial — in particular on the dubious $115,000 taxpayer-underwritten study proclaiming that our state’s K-12 education system is inadequately funded. Well, believe it or not, the District Court hearing is still going on. After the case seemingly has dropped off most of the local media’s radar, Ed News Colorado’s Todd Engdahl continues the fine work of providing daily updates from the courtroom, including the latest: “There’s no consistent relationship between school resources and school achievement,” Hoover Institution scholar Eric Hanushek testified Thursday in the Lobato v. State school funding case. Hanushek, a nationally known researcher on the economics of education, is the key expert witness for the state as it seeks to counter the plaintiffs’ claim that Colorado’s school funding system doesn’t adequately meet the education requirements of the state constitution. Questioned by Senior Assistant Attorney General Carey Markel, Hanushek added, “Money certainly matters; you can’t run a school without money.” But, he added, “How you spend money is more important than how much … In general, you can’t expect any large achievement gains without changing the way you spend.”

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Digging Up School Spending Figures in Colorado's Ongoing Lobato Hearings

Welcome to Week 2 of 5 in Colorado’s ongoing school finance adequacy lawsuit, familiarly known as Lobato v State, or just the Lobato case. A report this morning from Ed News Colorado’s Todd Engdahl highlighted some of Monday’s key plaintiff testimony: One of the main plaintiffs’ witnesses in the Lobato v. State school funding lawsuit testified Monday that his study projects Colorado needs to spent $10.3 billion a year on K-12 schools, an increase of $3.6 billion. Justin Silverstein is vice president of Augenblick, Palaich and Associates, a Denver-based research and consulting firm that produced a 96-page study projecting the funding Colorado school districts would need to support the demands of state requirements such as new content standards, tests and teacher evaluation systems. The firm was paid $115,000 by the plaintiffs for the study. [link added] I think I just overheard one of my Education Policy Center friends ask where they could get $115,000 to conduct a study and write a report. But I digress. Anyway, the lead sentence of that story caused me to do a little back-of-the-envelope math. $10.3 billion minus $3.6 billion = $6.7 billion. Diving deep into the murky waters of school funding statistics — where […]

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Lobato Case Round 2 Starts Today: Of Adequacy, Taxes, Graphs and Rational Bases

Update: In today’s post on Lobato, the Colorado Education Association blogging team writes: “In 2008-09, before the current recession began, Colorado spent $1,809 less per pupil than the national average of all states.” However, the National Education Association’s latest data (see page 55, table H-11) show Colorado spent $9,574 per student in 2008-09, only $616 below the national average. Someone in Denver needs to contact the D.C. mother ship. August is here, can you believe it? For a few students, it means school is starting. But the big news is the first of two major education-related court case hearings gets underway today. Reporter Carol McGraw lays the groundwork of the six-year-old Lobato v State school funding lawsuit with a substantial article in the Sunday edition of the Colorado Springs Gazette: “Where would the $3 billion come from?” asks Ben DeGrow, senior education policy analyst for Boulder-based [sic] Independence Institute. He said the court has no business ordering the legislature what to do. “What makes a judge in a courtroom more qualified? This is throwing the state Constitution out the window.“ Under the Taxpayer Bill of Rights, state and local governments cannot raise tax rates without voter approval and cannot spend […]

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