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From the Denver Post:

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.

In short, the ruling reopens the courthouse doors to children, parents and districts who believe that Colorado’s current system of school funding does not meet the requirements of the Education Clause of the Colorado Constitution, which requires the legislature to maintain a “thorough and uniform system of free public schools throughout the state.”

Joint Budget Committee member Jack Pommer summarized it this way in the Post:

“In terms of education, this might ultimately force the state to provide a thorough education to every student. Of course, we can’t afford that.”

Can we afford not to?

HOW DID WE GET HERE?

The falling red line on this graph documents how Colorado’s per pupil funding compares to the national average from 1972-2007. With conventional wisdom in and around the Capitol that K-12 funding is “fine” and has been protected – perhaps too protected – by Amendment 23, this graph tells the real story of Colorado’s 30 year history of disinvest- ment. The downward trend started with the Gallagher Amendment in 1982 and continued to decline with the passage of TABOR in 1992. Even with a slight increase following Amendment 23, Colorado continued dropping to new lows relative to the national average. In 2007, Colorado was $1,397 below the national per pupil funding average.

ASK YOUR SCHOOL BOARD MEMBERS AND LEGISLATORS

Even with Amendment 23, Colorado has fallen further and further behind the National Average for per pupil funding ($1,397 below in 2007). With the new interpretation of Amendment 23, schools will likely experience cuts in January 2010 with worse cuts expected in the 2010-11 fiscal year.

1. How would cuts impact kids, the future of our community, and communities across the state? What is your plan to address potential cuts?
2. In 2011, the education funding cliff will really arrive for P-20 schools—the 5 year timeout in Ref. C sunsets, the extra 1% in Amendment 23 expires, and Federal Stimulus dollars will no longer be propping up school, college, and university budgets. With our shrinking investments, how can we continue to meet the individual needs of all Colorado kids and implement important reform efforts to improve our education system for the long term?
3. In your position as [School Board Member or Legislator], what are you going to do to avoid the Cliff?

UPDATE: See also the editorial in the Denver Post 10/11 - Downturn is the right time to invest by Liane Morrison and Lynn Huizing