Children's Voices

Defendants File Notice of Appeal in Colorado Supreme Court

jbezoza — Tue, 24 Jan 2012 17:59:38 +0000

On January 23, 2012, Defendants filed a notice with the Colorado Supreme Court that they will be appealing five orders of the district court in Lobato, including the ruling that Colorado’s school finance system violates the state constitution. In their notice, Defendants raise twelve potential issues for appeal, including several issues that have been previously argued and lost in the Supreme Court. All of the State’s bases for appeal are technical, legal arguments that do not speak to whether students are getting a constitutionally adequate education.

Read Defendants’ Notice of Appeal

Key Findings in Lobato Trial Court Decision

jbezoza — Wed, 14 Dec 2011 21:37:33 +0000

Key findings in Judge Sheila Rappaport’s 183-page trial court decision are summarized here.

Judge Finds Colorado School Finance System Unconstitutional

jbezoza — Sat, 10 Dec 2011 01:04:28 +0000

Judge Sheila Rappaport, a Denver district court judge, issued a 183-page decision finding that Colorado’s system for funding public schools is irrational, arbitrary, and severely underfunded and therefore violates the Colorado Constitution.

Read Trial Court Decision

Video Showcasing Inequities in Colorado Schools

jbezoza — Wed, 30 Nov 2011 20:06:09 +0000

Stefan Welsh, a graduate of Center schools, traveled around the State filming the condition of public schools. His goal was to show that no matter where a child is located, the same education opportunities should be offered everywhere. Excerpts of the video were shown at the Lobato v. State trial in August 2011.

Click here to view video.

Parties File Proposed Findings of Fact and Conclusions of Law

jbezoza — Thu, 10 Nov 2011 16:04:23 +0000

All parties filed proposed findings of fact and conclusions of law at the end of October 2011. These lengthy documents summarize the evidence at trial and represent what the parties believe the Court should find based on the evidence. The case is now ripe for a decision by Judge Sheila Rappaport.

Read Plaintiffs’ Proposed Findings of Fact and Conclusions of Law
Read Plaintiff-Intervenors’ Proposed Findings of Fact and Conclusions of Law
Read Defendants’ Proposed Findings of Fact and Conclusions of Law

Lobato Trial Court Grants Plaintiffs’ Motion to Strike Three Affirmative Defenses

jbezoza — Thu, 21 Jul 2011 17:49:49 +0000

Plaintiffs filed a motion asking the Court to strike three of defendants’ affirmative defenses. The Court granted Plaintiffs’ motion, thereby precluding Defendants from arguing that Plaintiffs have failed to join all school districts and parents with an interest in the case.

Read Court Order Granting Plaintiffs’ Motion to Strike

Lobato Trial Court Grants Plaintiffs’ Motion to Exclude Evidence of Non-Education Appropriations and Tabor Provisions

jbezoza — Thu, 14 Jul 2011 20:56:47 +0000

The Lobato trial court granted Plaintiffs’ Motion in limine to Exclude Evidence of Non-Education Appropriations and Tabor Provisions. Plaintiffs argued that such evidence would be irrelevant, confuse the issues and waste time. The court found that even though fiscal pressure may explain why students’ rights have been violated, it has no bearing on the issue as to whether students’ rights have been violated. The order states evidence of non-education appropriations and the effects of TABOR are distinct from students or the actual quality of the education they receive. The court refused to allow the Defendant State of Colorado, as a legal matter, to excuse the legislature’s failure to comply with the mandates of the Education Clause by pointing to seemingly difficult decisions to spend money on other programs or tax credits.

Read Court Order Granting Plaintiffs’ Motion in Limine

Lobato Trial Court Denies 12 of 13 of Defendants’ Requests for Determinations of Law

jbezoza — Thu, 14 Jul 2011 20:40:21 +0000

Defendants asked the Court to determine 13 questions of law prior to the trial in the Lobato case. The Court denied 12 of the 13 requests, finding for Defendants on the only request not denied by Plaintiff and Plaintiff-Intervenors.

Read Court Order on Defendants’ 56(h) Motion for Determination of Questions of Law

New Study Costing Out Resources Needed to Meet Colorado Education Standards and Requirements

jbezoza — Thu, 24 Mar 2011 16:46:06 +0000

From September 2010 through February 2011, Augenblick, Palaich, and Associates (APA) undertook a “costing out” study for Children’s Voices to estimate the cost for districts in Colorado to meet all the state’s standards and requirements. Read March 2011 APA Costing … Continue reading →

California Court Rules on Two Education Adequacy Cases

jbezoza — Wed, 26 Jan 2011 21:42:05 +0000

An Alameda Superior Court judge dismissed claims in two related lawsuits filed in 2010, which alleged California’s school funding levels are insufficient and in violation of the Constitution despite — “however devastating the effects of such underfunding have been on the quality of public school education,” he wrote. The judge did not throw out the two cases in their entirety. He gave plaintiffs until February 14, 2011 to file amended complaints.

Read Robles-Wong v. California Order
Read Campaign for Quality Education v. California Order