Lobato v. State

216 P.3d 29, 2008 WL 8920047, 2008 Colo. App. LEXIS 69
CourtColorado Court of Appeals
DecidedJanuary 24, 2008
DocketNo. 06CA0733
StatusPublished
Cited by1 cases

This text of 216 P.3d 29 (Lobato v. State) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lobato v. State, 216 P.3d 29, 2008 WL 8920047, 2008 Colo. App. LEXIS 69 (Colo. Ct. App. 2008).

Opinion

Opinion by

Judge WEBB.

This ease questions the adequacy of Colorado’s school finance system under the state constitution. Plaintiffs, Anthony Lobato, as an individual and as a parent and natural guardian of Taylor and Alexa Lobato, and forty-six other persons in their capacities as taxpayers and parents of children in various Colorado school districts (parents), together with fourteen school districts in the San Luis Valley (school districts), appeal the judgment in favor of defendants, State of Colorado, Colorado State Board of Education, William J. Moloney, in his official capacity as Commissioner of Education of the State of Colorado, and Bill Ritter, in his official capacity as Governor of the State of Colorado, dismissing the complaint for lack of standing and failure to state a claim.

We conclude that as political subdivisions, the school districts lack standing, and that the parents’ challenge to the adequacy of school financing is a nonjustieiable political question. Having so concluded, we do not decide whether the parents’ claims, if justiciable, are nevertheless precluded by Colorado Constitution article IX, section 17 (Amendment 23). Therefore, we affirm.

I. Background

A. Colorado Constitutional Provisions

Three constitutional provisions are at issue in this ease: (1) article IX, section 15 (Local Control Clause); (2) article IX, section 2 (Education Clause); and (3) Amendment 23.

The Local Control Clause states in relevant part: “The general assembly shall ... provide for organization of school districts ... in each of which shall be established a board of education, to consist of three or more directors.... Said directors shall have control of instruction in the public schools of their respective districts.”

The Education Clause states in relevant part: “The general assembly shall ... provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously.”

Amendment 23 states in relevant part:

(1)_ In state fiscal year 2001-2002 through state fiscal year 2010-2011, the statewide base per pupil funding ... for public education ... and total state funding for all categorical programs shall grow annually at least by the rate of inflation plus an additional one percentage point....
(2).... “Categorical programs” include transportation programs, English language proficiency programs, expelled and at-risk student programs, special education programs (including gifted and talented programs), suspended student programs, vocational education programs, small attendance centers, comprehensive health education programs, and other current and future accountable programs specifically identified in statute as a categorical program ....
(3)_[T]he general assembly may annually appropriate, and school districts may annually expend, monies from the state education fund created....
[33]*33(4) (b).... Monies in the state education fund may only be used to comply with subsection (1) [categorical programs] and for accountable education reform, for accountable programs to meet state academic standards, for class size reduction, for expanding technology education, for improving student safety, for expanding the availability of preschool and kindergarten programs, for performance incentives for teachers, for accountability reporting, or for public school building capital construction.

B. Plaintiffs’ Allegations

Plaintiffs alleged that (1) the current school finance system violates the mandate of a “thorough and uniform” public education system under the Education Clause; (2) the General Assembly has enacted education reform legislation imposing state-wide education standards and instructional goals which were established without determining whether sufficient financial resources exist to accomplish those goals; and (3) the school finance system fails to provide sufficient funding to permit school districts either to meet accountability standards and goals, or to provide necessary staffing, services, programs, and facilities to fulfill the goals under federal and state education reform legislation.

Plaintiffs sought a declaration that (1) the Education Clause requires the General Assembly to “provide the financial resources necessary, sufficient, and appropriate to assure that all [school-age children] have an equal opportunity to obtain a constitutionally adequate, quality education”; (2) the school finance system fails to provide funding in an amount and manner to meet the mandate of the Education Clause; and (3) the school finance system violates the rights and authority of the school districts’ local boards of education as provided in the Local Control Clause.

They also sought an injunction compelling defendants to design, enact, fund, and implement a school finance system that provides sufficient funding to maintain a thorough and uniform system of free public schools, and prohibiting defendants from further executing and implementing the current school finance system. Finally, they asked the trial court to retain jurisdiction over the matter until defendants have complied.

C. Defendants’ Response

Defendants moved to dismiss under C.R.C.P. 12(b)(1) and 12(b)(5). Defendants asserted that, as political subdivisions, the school districts lacked standing because they cannot challenge statutes directing the performance of their duties; that plaintiffs presented a nonjustieiable political question because the Colorado Constitution commits the determination of educational adequacy to the General Assembly and judicial standards for measuring educational adequacy do not exist; that by adopting Amendment 23, the voters have exercised their constitutional authority to determine the constitutionally required level of state funding; and that the school finance system satisfies Amendment 23. They make the same arguments on appeal.

D. Trial Court’s Judgment

The trial court dismissed plaintiffs’ claims without taking evidence. It concluded that the funding levels dictated by Amendment 23 were consistent with the Education Clause; that because the school finance system is in accord with Amendment 23, their claims were nonjustieiable; and that as political subdivisions, the school districts lacked standing. The court did not define the phrase “thorough and uniform” contained within the Education Clause.

II. Standard of Review

C.R.C.P. 12(b)(1) governs motions to dismiss for lack of subject matter jurisdiction. Egle v. City & County of Denver, 93 P.3d 609, 611 (Colo.App.2004). A court may determine the jurisdictional issue as a matter of law if it accepts all the plaintiffs assertions of fact as true. Hansen v. Long, 166 P.3d 248, 250 (Colo.App.2007). On appeal from a dismissal for lack of subject matter jurisdiction, we review a trial court’s factual findings for clear error and its legal conclusions de novo. Egle, 93 P.3d at 611.

[34]*34A C.R.C.P. 12(b)(5) motion to dismiss tests the sufficiency of the complaint. Wagner v. Grange Ins. Ass’n, 166 P.3d 304, 306 (Colo.App.2007).

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Related

Lobato v. State
216 P.3d 29 (Colorado Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
216 P.3d 29, 2008 WL 8920047, 2008 Colo. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lobato-v-state-coloctapp-2008.