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FOX31: High court overturns Lobato ruling

The Colorado Supreme Court has voted 4-2 to overrule the 2011 Denver District Court decision that found the state’s school finance system unconstitutional, FOX31 reported Monday evening.

The television station reported that the opinion was available for a time Monday afternoon on the court’s website. No document was found later in the evening. The court usually releases opinions at 8 a.m. on Mondays, but the Lobato v. State ruling was scheduled for Tuesday release because of the holiday.

Read the FOX31 story here and what the station reports is a copy of the opinion here. The article includes reaction from Kathleen Gebhardt, lead lawyer for the Lobato plaintiffs.

According to the document linked from the FOX31 article, the court’s opinion said: “The public school financing system enacted by the General Assembly complies with the Colorado Constitution. It is rationally related to the constitutional mandate that the General Assembly provide a ‘thorough and uniform’ system of public education. Colo. Const. art. IX, § 2 (the ‘Education Clause’). It also affords local school districts control over locally-raised funds and therefore over ‘instruction in the public schools.’ Colo. Const. art. IX, § 15 (the ‘Local Control Clause’). As such, the trial court erred when it declared the public school financing system unconstitutional. We accordingly reverse.”

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