October 19, 2009 11:10 PM UTC

Education Funding "Adequacy" Lawsuit Standing Restored

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• by: Colorado Pols

As the Denver Post reports:

In an opinion that could have profound implications for the state budget, the Colorado Supreme Court ruled today that a group of plaintiffs has the right to challenge whether the state provides an adequate level of funding for schools.

In a 4-3 decision, the state’s high court overturned the ruling of two lower courts that said the question of how much funding for schools is one for lawmakers, not the courts.

The ruling today means that the plaintiffs, which include students and school districts around the state, can now go to Denver District Court and argue that the state does not provide enough money for education.

Huge implications if such a lawsuit were to be successful–an establishment of funding standards to meet the state’s constitutional requirement for a “thorough and uniform” public education, based on education benchmarks enacted (like CSAP) that require a minimum investment to achieve. Most importantly, the suit seeks to overturn restrictive measures like the Taxpayer’s Bill of Rights (TABOR) where they have proven counterproductive to the Education Clause.

Put that in your pipe and smoke it, Doug Bruce.