For a moment, it appeared that the Committee was going to acknowledge the decision in the Lobato school funding case, which held that our current system of school funding is not just unconstitutional, but unconscionable.

For a moment, it appeared that some legislators were going to take a critical first step toward meeting their constitutional duty “to establish and maintain a thorough and uniform system of free public schools.”

For just a moment, the Committee actually considered an amendment to the School Finance Act to commission an objective study of what resources are necessary to allow students, schools and districts to meet the mandates and standards created by the legislature.   That’s all.  It was just an attempt to see what it would take to match Colorado’s recent reforms — e.g., new standards (from 2008 legislation), a new accountability system (2009), and teacher effectiveness requirements (2010) — with the resources necessary to make them sustainable and successful.

Some Senators spoke in favor of it eloquently.  Great Ed signed up and waited to testify in favor of this moderate, long-overdue measure.

But alas, it was a brief shining moment.  After some delays, this one ray of hope for Colorado’s students was extinguished.  The amendment was withdrawn allowing the legislature to retreat back to a more comfortable position: denial.

Welcome to Colorado: a state too afraid to even study what our students need to succeed.

**BREAKING NEWS: We regret to report that the House passed this resolution (HJR12-1023) on a voice vote today Monday, May 7.  The Senate has two days to act — or, we hope, NOT act — on the resolution before the end of the session on Wednesday.**

On December 9, 2011, a state district court issued a wake-up call to our legislature.  The court in Lobato v. State of Colorado ruled after a five-week trial that Colorado’s system of public education funding is so inadequate as to be unconstitutional and “unconscionable.”

Until this week, the legislative reaction to that wake-up call has been hitting the snooze button.   Then, on Tuesday, a number of legislators introduced a resolution to throw the alarm clock — and the interests of Colorado’s kids — out the window.

Mark May 1, 2012 as the day a resolution was filed declaring that:

• Legislator’s rights are more important than the rights of kids; and
• The state should spend taxpayer dollars to rehash arguments that have already been rejected by the Supreme Court.

Here’s what House Joint Resolution 12-1023 would do: authorize the legislature to hire attorneys (with taxpayer dollars) to argue that the Court does not have the right to interpret the words “thorough and uniform,” which were included in Colorado’s constitution in 1876 as a condition for joining the union.  (So much for our civics lessons that the role of the Court is to interpret the constitution and laws of the state).  The Supreme Court tossed this argument back in 2009.

Here’s what the Resolution doesn’t do; it doesn’t claim that the current system is “thorough and uniform” — possibly because it’s impossible to do so with a straight face.

What are our children to think if the legislature’s response to a District Court’s ruling that the legislature is failing in its constitutional duty to provide every child with a quality education is: “How dare you judge us?”  Where’s the accountability in that?

Here’s a message to the legislators who support this resolution seeking to ignore settled law and put their interests ahead of Colorado’s kids: “Not with our dollars, thank you very much.”

Elaine has been a tireless champion for the students of Colorado through her work as a member of the State Board and the Denver Public School board, as a proponent of Amendment 23 and other education-related ballot initiatives, and as a program officer at the Piton Foundation.   She has been integral to the creation of numerous organizations and projects directed at improving the health and education of young Coloradoans, including the Colorado Children’s Campaign and the Colorado Legacy Foundation.

Always keeping the best interest of Colorado’s students as her guiding principle, Elaine has set an important standard, being a leader both for education reform and for providing the resources necessary to ensure the success of all Colorado students.

These accomplishments alone make Elaine a most-worthy honoree.  But Elaine further distinguished herself as a courageous leader for children in December 2011, when she took the most public of stands against the state’s appeal of the Lobato school funding decision.  The day of the State Board of Education vote on whether to appeal, Elaine wrote:

I voted against appealing the Denver District Court’s Lobato decision. I cannot come up with any reasonable rationale to defend the status quo of how we fund schools, and I believe the students of Colorado deserve a first class education system. Today, we do not have a first class education system in our state.

It’s my hope that this ruling will force the legislature and the governor to come up with a solution now – and not delay the important discussion.

Great Education Colorado salutes Elaine’s dedication, commitment, leadership and courage in advocating for Colorado’s students.  We are proud to name her as our 2012 honoree.

You can register to attend the event and get information about individual and corporate sponsorships to help us honor Elaine here.

As the Associated Press reflected over the weekend, while this news may inspire a sigh of relief among school districts, it’s not cause for celebration:

When it comes to funding schools in Colorado, the good news is relative.

Schools’ money from the state isn’t being cut for the first time in years as the state slowly recovers from the Great Recession, a relief to public school districts that have let go of teachers, cut extracurricular activities and increased class sizes. . . .

But the extra money lawmakers put into K-12 education this year doesn’t quell frustration from some who believe the state is massively underfunding its schools.

The restoration of what was to be a cut of about $130 per student is, without question, a welcome development.  However, it should be viewed in context:

• Inflation last year was clocked at 3.7%.  That underestimates double-digit increases in health care, transportation and energy that many districts have encountered.  As the Colorado School Finance Project has documented, “flat funding” in the face of higher costs translates to cuts.
• This year’s average per pupil funding level ($6,474) is almost $200 lower than it was five years ago — and that’s without adjusting for inflation.
• Colorado’s K-12 funding is now $1 billion below what Amendment 23 requires.  That’s underfunding to the tune of $100 million in DPS, $37 million in Colorado Springs (D-11) and $98 million in Jeffco, to name a few.
• Colorado has dropped from 23rd to 36th in resources for preschool (unsurprising, as preschool funding is tied to per pupil funding).  In inflation-adjusted dollars, we spend $150 less per preschooler today than we did in 2002.

And so it is that, for instance, the Garfield District is moving to a four-day week to close just a portion of their budget gap.  The Canon City district is closing two schools and increasing fees.  The Eagle district has eliminated all foreign language instruction except for Spanish.

And even after the new budget numbers came out, the Adams 12 Five-Star School District (Northglenn, Thornton) announced that it will have to cut another $12 million this year.   Cuts proposed include furlough days (i.e., reducing pay and shortening the school year), increased class size, increased fees, and the loss of 50 teaching positions (in addition to the 352 positions lost in the previous two years).

Superintendent Chris Gdowski sums up the bleak future outlook, absent bold leadership and action at the state level:

Gdowski said no when asked if he can foresee a year when budget cuts aren’t required.

“I really don’t see any change to this until we get more revenue into the system,” he said. “We need to get beyond just flat funding and substantially increase the money into public education for this to stop.”

That’s when the legislature will have earned a victory lap.

This week marks the launch of TBD Colorado, a statewide conversation about what Coloradans value about our state. If you applied to participate earlier this spring and haven’t heard back from TBD, there’s still hope: notifications are being sent to selected participants this week.

Even if you’re not selected to participate in your region (or didn’t throw your name in the hat), you are welcome to attend the regional meetings as an observer, which isn’t a bad idea considering that you’ll be treated to an in-depth view of some of Colorado’s most challenging issues. In addition, the public will have an opportunity to weigh in via TBD’s website and/or host TBD meetings at their home during the coming weeks and months. Larger meetings called public summits are planned for June (details on the summits are not yet available).

If last night’s Douglas County TBD meeting in Castle Rock was typical of TBD discussions across the state, here’s what you can expect:

The three-hour meeting started promptly at 4pm. Following a brief introduction by the facilitator and warm welcome by TBD’s executive director, Kae Rader, the 25 participants (and dozen observers) were given an overview of the evening’s agenda. They were told TBD was an “initiative of the people of Colorado;” to determine what Coloradans value about Colorado. The first half-hour included an overview of ground rules (“share the air – don’t monopolize,” “be hard on issues, not people,” “remain focused,” and others), facilitators roles, and projected outcomes of the meeting including a written summary of the evening’s discussion and 3 or 4 short videos capturing participant reactions following the meeting which would later be posted on the TBD website.

Participants were provided clickers to weigh in on various issues, and following a few practice questions with instantaneous results revealing the make up of the group, each participant introduced themselves, stating where they were from and why they wanted to participate in TBD Colorado.

Brief table discussions and a sharing of “what we value” with the entire group was followed by two video presentations, the first offering a view of Colorado’s changing demographics narrated by Elizabeth Garner, Colorado’s State Demographer, and the second an overview of Colorado’s state budget by Cole Finegan, member of TBD’s State Budget Framing Committee. Clickers in hand, participants weighed in on whether or not the state budget should be addressed and what should be the primary focus: reduce spending; increase revenue; or both. (Results showed that 95% said the state budget should be addressed and 65% said it should involve both reduction in spending and an increase in revenue.) Ten-minute table discussions on the state’s changing demographics and budget prompted by facilitator’s questions were shared with the larger group and another clicker survey was taken, revealing a slight shift in opinion.

The remaining 90 minutes followed a similar process on three major issues that will shape Colorado’s future: Education, Transportation, and Health. The process was similar for each topic: clicker survey, brief (6-8 minute) video on the specific topic, 10-minute table discussion, sharing out with the larger group, and a final clicker survey. Following each discussion, participants were reminded that additional comments could be submitted using the comment cards on each table.

The education video provided a synopsis of public school funding and highlighted the specific challenges facing Colorado’s public education system from preschool through higher education. While we were heartened by mention that educational attainment is tied to Colorado’s economic well-being, a number of alarming statistics revealed in the video paint a bleak future unless Colorado changes course.

That, of course, is to be determined.

You can post about your experience with TBD Colorado on the Great Ed Blog comment section (below), or comment on our Facebook or Twitter pages. 

1) When faced with a challenging problem, which employee would you prefer:
a) One who takes ownership and works creatively and cooperatively to solve it.
b) One who points fingers and explains why fixing it is impossible.

2) Facing the possibility of a challenging semester, how would you advise a student:
a) “The harder you work, the more you’ll get out of it.”
b) “Aren’t there easier classes you can take?”

There’s no question: when the going gets tough, effort matters. As employers, parents, and citizens, we don’t expect perfection, but we demand commitment, perseverance, creativity and accountability.

When it comes to investing in public education in Colorado there is no question that these are challenging times. A court in the Lobato case has found our school funding system to be unconstitutional and “unconscionable,” Colorado has cut higher ed funding more deeply than has any other state, and our budget remains tight because of the Great Recession, TABOR and other constitutional budget constraints.

So we ask the question:

3) Under current circumstances, which legislature would you choose:
a) One that sets out to create bold and innovative solutions to our school funding crisis.
b) One that makes excuses for why improving funding is too difficult.

We’d pick “A”, which is why, this year, we’ll be grading our legislature on effort. Here are the standards we’ll use:

• Did they acknowledge that our education system does not meet the constitution’s “thorough and uniform” requirement?
• Did they make it a priority to stop cutting schools and colleges, without harming other critical services?
• Did they start developing long-term plans for matching critical reforms with the resources necessary to make them successful?

Everyone tells us that, during an election year, we can’t expect our legislature to have the courage or determination to fix this “unconscionable” system.

OK.  But we can — and must — demand effort and progress from our state leaders.  In the coming weeks and months, Great Ed will provide you with easy ways to help us make our leaders accountable for doing their part for educational excellence in Colorado.

The Lobato decision was a wake up call for Colorado.  State leaders whose response is to hit the snooze button aren’t making the grade.

How is Colorado currently violating the Constitution?  Let us count the ways.

1) “Thorough and uniform.” In the Lobato case, after a five-week trial, Denver District Court Judge Sheila Rappaport found that our current school funding system fails to provide the “thorough and uniform” system of free public schools promised by the constitution.  Calling the status quo “unconscionable,” Judge Rappaport found that there is no “rational relationship” between what is being required of schools and students on one hand, and the way we fund schools on the other.

2) Local Control. Judge Rappaport also found in Lobato that state funding was so inadequate that school districts have effectively lost their ability to use local dollars for local priorities, as the Constitution requires.

3) Amendment 23. For the last three years, the legislature has spent less dollars on education than the year before, even though Amendment 23 requires annual increases.  The way they’ve done it is by creatively (and, we believe, incorrectly) reinterpreting this provision of the constitution.  They added a “negative factor” to the school finance formula; each year they expand that negative factor to make whatever cuts are necessary to balance the state budget.  This year’s budget proposal would spend $1.1 billion — that’s an average $1,278 per pupil or 17.6% — less than Amendment 23 actually requires.

4) State lands. The Constitution requires that all dollars earned off the lands set aside in 1876 for the benefit of public schools be used to supplement — not to replace — general fund dollars for K-12.  Right now, those earnings are going right into the School Finance Act to relieve pressure on the general fund.

5) The Gallagher Amendment. Passed in 1982, the Gallagher Amendment was passed to maintain a specified balance between the total amount of property taxes that residential and non-residential property owners pay.  Residential owners are to pay about 45% of the total, and non-residential (business) owners are to pay 55%.  In order to maintain that balance, the state adjusts the “assessment rate” (the percent of the value of a home that is subject to tax) of residential property.  Because the value of residential property rose so much more quickly than non–residential in the 90s especially, the residential assessment rate dropped precipitously.

Here’s the constitutional violation: because of changes in the value of property, in order to be in compliance with the constitutionally mandated 45%-55% split, the legislature would have to increase the residential assessment rate from 7.96 to 8.85%.  The legislature has not done so, and as a result school districts are receiving less property revenues and businesses are paying a larger share of property taxes than the Constitution requires.

That’s five constitutional violations. To a large extent, these continuing violations have been caused by another constitutional amendment that is not being violated.  Can you name it?

If you know, go to our Facebook page and post the name of the constitutional amendment that’s currently prevailing over all the others.  Extra credit: Tell us who is paying the price.

Cut to 2012, when there’s a collective sigh of relief that this year’s reduction in funding to public schools and higher ed will be in 8-digits (tens of millions) instead of 9-digits (hundreds of millions).   After years of successive cuts, it seems we’re getting used to it –  as if this is just the “new normal.”

But taking a step back can provide a whole new perspective on what the cumulative impact has been on Colorado’s kids, economy and future.  A number of new studies and statistics demonstrate just how unacceptably far we have fallen:

• As noted by the Boulder Daily Camera, the National Science Board reports that Colorado made deeper cuts (48.3%) to higher ed than any other state between 2002 and 2010.
• According to Education News’ “Quality Counts” report, by 2010 (before the deepest cuts) Colorado had dropped to $2,500 below the national per pupil average (adjusted for regional cost differences).  Notably, that gap tripled in less than ten years.
• Under the current budget scenario, the per pupil funding in Colorado for FY2012-13 ($6344) will be lower than per pupil funding six years ago in FY2006-7 (see below).   Six years of inflation in health care, pensions, energy and transportation, combined with increasing (unfunded) mandates have translated into the massive cuts in services, educational opportunities, and individual attention that our students are now experiencing.

• If Amendment 23 had been honored for the past four years, school funding would be $1.1 billion higher — or $1,350 more per student.   (Looking at just the proposed budget for the coming year, schools would be funded at a level $327 million below what’s needed to keep up with enrollment growth and inflation).
• Contrary to conventional wisdom, the share of the state’s general fund dedicated to K-12 education is shrinking, not growing.   K-12 currently makes up 39% of general fund expenditures, down from 40% in 2000-01.  Total education spending (K-12 and higher ed) has declined from 54% of the budget in 2000-01 to 47% today.

As Colorado falls farther behind, so, too, do the prospects for our students and our economic recovery, which depends on innovation, a well-prepared workforce, and a vibrant higher ed system.

Colorado’s history of education funding is like the old story of the “frog boiling in water.”  Each year the cuts add just a couple more kids to a classroom, just a few more percentage points to tuition.  The “normalcy” of annual cuts makes it possible to miss the fact that, metaphorically,  the water is boiling.

Taking a step back puts it all in focus.  Colorado can’t afford another year of turning up the heat.

Last month Great Education Colorado and Colorado PTA submitted a letter with over 1,900 signatures from over 180 communities to state officials, calling on them to enforce rather than appeal Lobato.

Great Ed’s statement in response to today’s appeal is below.  Comments from the plaintiffs’ attorneys follow.

NEWS RELEASE

January 23, 2012

Great Education Colorado Statement on State’s Appeal in Lobato

Now that the appeal is filed, we hope and trust that the parties will expedite the process as much as possible.  Colorado’s students don’t get do-overs.  For them, justice delayed is education denied.

This appeal comes just as the Colorado Department of Education released its estimate of cuts that each district can expect under current budget proposals.  Funding for schools is currently slated at $327 million below what it would take to maintain current services and $1.1 billion below what schools would be receiving if the state were still honoring Amendment 23.  Put another way, although CDE expects 8,990 more students in Colorado schools next year, funding will be $48 million lower.

The State’s appeal presents one more delay on the way to a school funding system that provides the resources necessary to meet the State’s own vision: that “[a]ll students in Colorado will become educated and productive citizens capable of succeeding in a globally competitive workforce.”

In light of the Lobato decision and the damage that a fourth year of deep education cuts will do to Colorado’s students, to our constitution, and to jobs and our economic recovery, the legislature should waste no time in working to honor our students’ right to a thorough and uniform education system.

###

Appeal to delay resolution of Colorado’s school funding problems

DENVER — The state’s formal notice of appeal in Lobato v. State of Colorado is an anticipated but unfortunate step in the prolonged lawsuit to fix Colorado’s broken public school finance system, plaintiff’s attorneys and supporters said today.

“The judge’s decision in December was firm and resounding,” said Kathy Gebhardt, one of the lead attorneys on behalf of Lobato. “The state is failing to meet constitutional requirements that it maintain a thorough and uniform school system. The evidence from the trial was overwhelming. The judge found the system to be irrational, arbitrary and underfunded. It’s unfortunate the state will further delay a constitutionally required education for the children of Colorado, but we will defend the district court decision and, for the sake of the state’s students, hope that we can move forward with all deliberate speed.” Bringing the case to trial was a six-year process, she noted.

“It is clear that the state has no basis on which to defend the current school, finance system,” she added. “All of the state’s bases for appeal are technical arguments that do not speak to whether students are getting a constitutionally adequate education. In addition, the state’s appeal does not seek guidance on how to solve the revenue implications of the district court’s decision, which was its stated justification for the costly and time consuming appeal.” . . .

DENVER — Great Education Colorado, a nonpartisan, grassroots, statewide organization that advocates for improved public education through increased, wise investment in Colorado’s schools, colleges, and universities issued the following statement:

“We are disappointed that the state has decided to appeal the Lobato decision before seeking and receiving more input from the people of Colorado.   Nonetheless, with today’s decision by the State Board of Education to delay their action on the appeal, we are hopeful that our leaders will reconsider this decision to spend even more taxpayer dollars defending an indefensible school financing system.

“We encourage every state elected official – every legislator, every State Board of Education member – to read the entire Lobato opinion and to make their own decision about whether the state is meeting its constitutional duty to maintain a ‘thorough and uniform system of free public schools.’”

“We applaud the governor’s interest in starting the process of determining how to create a sustainable remedy.

“There is simply no time to lose when it comes to providing quality education for our children.  We hope and trust that the state will not use this appeal as yet another delay on the road to adequate investment in our schools.  Our kids don’t get do-overs.  For them, justice delayed is education denied.”

At the time of the announcement, Great Education Colorado and the Colorado Parent Teacher Association were in the midst of gathering signatures for a letter to the governor, attorney general and members of the State Board of Education, asking them not to appeal the decision.

The letter appears below.  To date it has been signed by over 1550 Colorado citizens, representing over 160 cities throughout the state (cities represented are listed below).

Dear Governor Hickenlooper, Attorney General Suthers, and Members of the State Board of Education:Now that the trial judge in Lobato has ruled that Colorado’s public education system is “irrational, arbitrary, and severely underfunded,” you have a critical decision to make:

You can either work with the legislature in the interest of Colorado students to make the system constitutional as soon as possible, or you can make the problem even worse by kicking it down the road a year or two.

As Colorado taxpayers and public education supporters, we ask you to stop wasting our tax dollars defending an indefensible school funding system.

We ask that you take into consideration those whom you represent: the children, parents, businesses and citizens of Colorado who all depend on a quality public education system.

Please do not appeal the Lobato decision. Enforce it. Our children have already waited far too long for a school funding system that makes it possible for every child to succeed.

Sincerely,

Cities represented include: Aguilar, Alamosa, Alma, Arvada, Aspen, Aurora, Avon, Bailey, Basalt, Bayfield, Berthoud, Black Forest, Blackhawk, Blanca, Boone, Boulder, Boyero, Breckenridge, Brighton, Broomfield, Buena Vista, Byers, Calhan, Campo, Canon City, Carbondale, Castle Rock, Centennial, Center, Colo Springs, Commerce City, Conifer, Cortez, Creede, Crested Butte, Crestone, Cripple Creek, Del Norte, Delta, Denver, Divide, Dolores, Durango, Eagle, Eaton, Eckert, Edgewater, Edwards, Elbert, Elizabeth, Englewood, Erie, Evergreen, Fairplay, Federal Heights, Firestone, Florissant, Fort Collins, Fort Lupton, Fowler, Franktown, Fraser, Frederick, Frisco, Fruita, Gardner, Glenwood Springs, Golden, Grand Junction, Grand Lake, Greeley, Greenwood Village, Gunnison, Gypsum, Henderson, Highlands Ranch, Hooper, Hotchkiss, Howard, Idaho Springs, Ignacio, Indian Hills, Johnstown, Kiowa, Kittredge, La Junta, La Veta, Lafayette, Lakewood, Lamar, Larkspur, Leadville, Littleton, Lone Tree, Longmont, Louisville, Loveland, Lyons, Mancos, Manitou Springs, Manzanola, Mc Coy, Mead, Meeker, Milliken, Minturn, Monte Vista, Montrose, Monument, Morrison, Mountain Village, Nederland, Niwot, Northglenn, Norwood, Norwood, Nucla, Oak Creek, Pagosa Springs, Paonia, Parker, Peyton, Pine, Pitkin, Platteville, Pueblo, Pueblo West, Red Cliff, Rico, Ridgway, Rifle, Rockvale, Rocky Ford, Roxborough, Rush, Salida, San Luis, Silver Cliff, Silverthorne, Steamboat Springs, Sterling, Strasburg, Superior, Swink, Telluride, Thornton, Twin Lakes, Vail, Victor, Walsenburg, Westminster, Wellington, Westcliffe, Westminster, Wheat Ridge, Widefield, Wiggins, Windsor, Winter Park, Woodland Park, Yampa