Lobato v. state plaintiffs closing arguments

Anthony Lobato, et al. (Plaintiffs), and
Armandina Ortega, et al. (Plaintiffs-Intervenors)
v.
The State of Colorado, et al. (Defendants)
1

2
EDUCATION CLAUSE
Shall Provide Thorough and Uniform System of Free Public Schools
COLORADO
CONSTITUTION
Local Control

3
Thorough
and Uniform System of Free Public Schools
- State Requirements
- Opportunities
- Outcomes
Public School Finance System
Rational Relationship?
Local Control

4
Four Topics
The Colorado Constitution: Right to Education
Education Today
Three Primary Issues for Court Determination
A. Thorough and Uniform
B. No Rational Relationship
C. Local Control
4. Remedy

5
Four Topics
2. Education Today
3. Three Primary Issues for Court Determination
C. Local Control
4. Remedy

EDUCATION CLAUSE
6
Professor Tom Romero
Requirement of statehood
“[D]eveloping an education system among us, for the future, [is] of greater value than the gold of our mountains, and a better safeguard to society than the elective franchise or standing armies.”
First Territorial Superintendent of Common Schools (Dec. 1861)

EDUCATION CLAUSE
7
“We recognize unequivocally that public education plays a vital role in our free society. It can be a major factor in an individual’s chances for economic and social success as well as a unique influence on a child’s development as a good citizen and on his future participation in political and community life.”
Lujan v. State, 649 P.2d 1005, 1017-18 (Colo. 1982)

8
Four Topics
2. Education Today
C. Local Control
4. Remedy

Not Rationally Related
Professor Bruce Baker, Rutgers University
Colorado gets an “F” for funding fairness
school finance system is regressive: high poverty districts have lower revenue
strong correlation between lack of funding and lower achievement levels
10

Results of Constitutional Failures
11
70-75% graduation rates
29% remediation rates
30% achievement gaps
Lack of Proficiency:
CSAP
ACT
National Assessment of Education Progress (NAEP)

NAEP: Exhibit 10,064
12

13

14

ACT: Exhibit 10,470
15

ACT: Exhibit 10,470
16

5 weeks
17
80 live witnesses
37 witnesses by preserved testimony
Top Educators:
superintendents
administrators
principals
teachers
Acknowledge successes, and admit failures
Defendants promote successes and ignore failures

Superintendents
18
Superintendents:
All describe lack of adequate resources to implement State requirements
Must use local funds to try and help with gap to meet State requirements
Not providing an adequate education to all students
Islands of success
Know what works, but cannot implement to all
Interventions
Professional Development
Quality teachers

Effective Teachers
19
Dr. Linda Darling-Hammond (Stanford University)
effective teacher is most important factor for student achievement
studies demonstrate strong correlation between resources and student achievement
teaching quality:
class size
adequate curriculum and materials
planning and collaboration

Effective Teachers
20
Dr. Hank Levin (Columbia University)
Higher teacher pay
Raise the quality of the applicant pool for teaching jobs
Reduce the quit rate
Make teachers more motivated
Rural schools districts teaching salary:
$30,000 to a top of less than $50,000

Exhibit 10,089: Center
22

NOTES
23
George Welsh (Center)
Pop: 2,000
Free and Reduced Lunch Rate: 90%;
Minority population: 90%;
Turn-around grant: money makes a difference
Kevin Edgar (Sanford)
30-year old textbooks
“We are failing our students”

Technology
Dan Maas (Littleton Chief Informational Technology Officer)
CO standards include technology proficiency
Students and school districts cannot implement and meet state standards without adequate technology
San Luis Valley:
lack computer equipment, broadband, etc.
internet pages takes virtually minutes to load
26

NOTES
28
Shila Adolf (Bethune)
Superintendent, Principal, District Assessment, Professional Development, Curriculum Directors, and Teacher Evaluator
School is the life of the community
Last 3 years reduced $240,000
$1.2 million budget
Froze salaries for 3 years
Educating neediest kids in a closet

Colorado School District Map
I
29

NOTES
30
Brenda Krage (Pueblo)
Growth and achievement rates have fallen
Sue Chandler (Adams 14):
Insufficient funding for State recommendations
Lisa Escarcega (Aurora):
Both growth and achievement levels have fallen
John Barry (Aurora)
Cut $70 million in last 5 years
Cut to the bone
Public education is a matter of National Security
Investment, Not a Bill

Costs of Inadequate Education
31
Dr. Hank Levin (Columbia University)
Crime: prison and effect on victims of crimes
Social Services: Welfare and Unemployment
Healthcare: teen pregnancy, smoking
Lost wages / taxes

Exhibit 10,132: Adams County 14
32

Exhibit 10,212: Pueblo 60
33

Exhibit 10,058: Aurora Public Schools
34

Cindy Stevenson (Jefferson County)
35
Over 80,000 students
$40 million in reductions: cut staff
Achievement gaps: if we want higher achievement, we need more class time
Cannot just reallocate
“Everything touches the classroom”
Local control dismantled: true local control is to have funds for choices and pathways for kids

Defendants’ Islands of Success
36
Kristen Waters (Bruce Randolph Middle School)
Not meeting State standards
Mike Miles
Only superintendent to be called by Defendants believes that money can relate to achievement
Increasing teaching pay will increase student achievement
Decrease in resources will adversely affect quality instruction and affect achievement
Colorado is not providing a thorough education

Harrison School District Like Other Districts
37
Proficiency levels: 20-40%
Achievement gaps
67% graduation rate
Not making adequate growth in numerous categories

Consensus
38
Importance of education
Every student can learn
There are not sufficient resources to meet state requirements
WE KNOW WHAT WORKS
Only explanation for failure is lack of resources
Defendants blame vague inefficiencies
Calling All Heroes

Heroes
39
Justine Bayless (Montezuma-Cortez)
Teachers are committed
Teachers do not lack energy or passion or love for our children
Education breaks the cycle of poverty
Old textbooks: the twin towers of the World Trade Center in New York still stand
Homework is not something we do…not enough books to take home

Heroes
40
Anastasia Campbell (CO Springs)
Opportunity to break the cycle of poverty and prisons
Living paycheck to paycheck; furloughs
Personally buys supplies: instead of buying her own daughter new glasses, she buys pencils and paper for her students
Recycles her daughters’ friends paper
Stays because she loves her students, but considering other jobs

41
Four Topics
2. Education Today
C. Local Control
4. Remedy

42
Four Topics
2. Education Today
C. Local Control
4. Remedy

COLORADO SUPREME COURT STANDARDS
43
Thorough & Uniform System:
“On remand, the trial court must give substantial deference to the legislature’s fiscal and policy judgments. It may appropriately rely on the legislature’s own pronouncements concerning the meaning of a ‘thorough and uniform’ system of education.”
Lobato v. State, 218 P.3d 358, 363 (Colo. 2009)

Monte Moses (Cherry Creek)
44
Nat’l Superintendent of the Year
Expert in development and implementation of Standards Based Education
Increased standards means increased costs such as materials, personnel time, salary increases for increased duties, staff training, etc.
Resources have never been correlated with mandates

THOROUGH AND UNIFORM SYSTEM
47
Colorado Achievement Plan for Kids (CAP4K)
School Readiness
New Content Standards and Assessments
Postsecondary and Workforce Readiness
Education Accountability Act
expressly ties the standards based system, the CAP4K goals, and the accountability system to the qualitative guarantee of the Education Clause
SB-191: Teacher and Principal Effectiveness
NOT ASPIRATIONAL

Early Childhood Education
Dr. Steven Barnett, Nat’l Institute for Early Education Research
Additional investment in pre-school and full day Kindergarten make a difference to closing achievement gaps
Preschool and full day K are necessary for at-risk kids to get an adequate education (Bowers)
20% of 4-year-olds and 6% of 3-year-olds in CPP
64% of kindergarten students in full day programs funded at .58
48

49
Four Topics
2. Education Today
C. Local Control
4. Remedy

50
The elements of the public school finance system at issue:
Public School Finance Act of 1994
“Categorical” funding programs
Public school capital construction funding

COLORADO CONSTITUTION
51

52
Public School Finance Act
Public School Finance Act
Bonds?
Not drawn to scale

Court’s Order
53
“In the name of the Education Clause, the General Assembly has established a comprehensive system of educational goals, methods, and measures, all of which it requires school districts to implement successfully. A system intended to finance a constitutional mandate cannot be rationally related to that purpose if it is created and funded without reference to the costs of providing the mandated services.”
Court’s July 14, 2011 Order at 6.

Defendants’ Admissions, Exhibit 2101, Page 6
54

57
Per Pupil Base and Factors (not exclusive list)
Not drawn to scale

Witnesses
58
John Hefty (St. Vrain, JeffCo, Eagle, Brighton)
Expert in methods and development of PSFA
80% of per pupil funding is the base
No rational basis for base
Factors are based on the base
PSFA has not responded to increased mandates
Not enough resources to meet mandates of SBE
Since 1994, base per pupil has been changed by arbitrary dollar amount without reference to cost of requirements

Witnesses
59
Ed Steinbrecher
1964, 1969, 1973, 1988, and 1994: Legislature never considered costs of education requirements in setting base per pupil
Scott Murphy (Superintendent of Littleton)
Glenn Gustafson (CFO of CO Springs D-11)
2005 Task Force: no basis for base per pupil
“afterthought”
Legislature never responded

1993 Report: Exhibit 9302, Page 12
60

Exhibit 26
63

68

Categorical funding
Categorical funding recognizes special needs
Do not rationally relate to costs
At Risk:
free, but not reduced lunch
funding level is arbitrary (Chair Bob Schaffer)
ESL:
Lisa Escarcega (Aurora)
Kathy Escamilla, University of Colorado
need for 4-7 years
arbitrary 2-year cap on funding
69

Categorical funding: GT and SPED
Gifted & talented
minimal allocation: $154 per student
Special education:
State share: 17%
Local school districts: 66%
Funding not keeping pace with costs
Achievement declining; widest gaps
70

Categorical funding: Special Education
Lucinda Hundley (Littleton)
Margaret McLaughlin, Univ. of MD
structure of SPED funding formula is irrational
Jessica Spangler’s son
Lillian Leroux’s granddaughter
71

72

Capital Construction for Schools
Ted Hughes from CDE
Facilities are part of the education system
Facilities affect student achievement
1996: $2.2 Billion
2010: Parsons Report (Exh. 1106)
$17 Billion
BEST: only $1 billion over 5 years
BEST expires…dependent on local wealth
73

Capital Construction for Schools
Mary Wickersham (Chair of BEST Board)
Facilities have a direct impact on student achievement
BEST does not solve Colorado’s public education capital construction problem
PPAV: Aspen is $1 million per student versus rural schools at $20,000 per student
74

77
Justin Silverstein of APA confirmed that the State system is hundreds of millions of dollars short
Augenblick, Palaich & Assoc.
“Costing out study” to determine the cost of providing a thorough and uniform system of public education
Nationally accepted methodologies used by numerous states
Before recent budget cuts

Exhibit 67
78

80
System does not have sufficient resources (including local tax dollars)
Augenblick Costing Out Study
Successful Schools: $1.35 billion deficit
Professional Judgment: $3.58 billion deficit
Vody Hermann: $2.7 billion deficit
Not asking Court to order funding at these amounts

Defendants’ Arguments
81
Max mill levies: unconstitutional statewide property tax (Hermann)
Waiver
Cannot waive out of CAP4K, Accountability & Accreditation (Wenning and Hammond)
Local Control
Myth

82
The Factors
Not drawn to scale

83
Violating Amendment 23
Not drawn to scale

84
Negative Factor: $770 Million Deficit
Not drawn to scale

Defendants Studied The Problems?
85
1996 Capital (Exh. 30,102): $2.2 B deficit
2000 Special Education (Exhibit 28): recommended increased state share
2000 At-Risk Study (Ex. 30,101)
SEFAC (Exh. 92): Increase Tier A, Tier B, and Tier C
2003 Auditors Report (Ex. 1100): 4.7 billion in facility needs
2010 Declining Enrollment Study
2010 Rural School Study (Exh. 166): insufficient support; 1.5 FTE needed to comply with CDE paperwork
2010 Parsons Report (Exhibit 1106): $17.856 billion

2010 Report: Exhibit 64, Pages 10, 67, 71
86

Defendants Ignore Studies and Costs
91
Study Cost of Living Every Two Years:
Glen Gustafson: never fully fund the amount
Joint Budget Briefing (Exh. 30,146)
SB 163: $80 million
Not including significant investment for districts
SB 212 (CAP4K): no funding
SB 191: $74 million (Commissioner Hammond)
Not including significant investment for district
Fiscal Notes
Gifts, Grants, and Donations

Defendants’ Arguments
92
Eric Hanushek: money does not guarantee student achievement
Red Herring
Resources can & do make a difference:
Q. If a school district in Colorado efficiently spends its money, then do you think that additional funds for education could lead to higher student achievement?
A. Yes, if they're spending money, it implies that more money would lead to higher achievement, if they're efficient at it.

93
Four Topics
2. Education Today
C. Local Control
4. Remedy

94
Thorough
- Opportunities
- Outcomes
Local Control

95
Four Topics
2. Education Today
C. Local Control
4. Remedy

REMEDY
96
“If the trial court finds the current system of public finance irrational and thus unconstitutional, then that court must permit the legislature a reasonable period of time to change the funding system so as to bring the system in compliancewith the Colorado Constitution.”
Lobato, 218 P.3d at 363-64.

REMEDY: Declaratory Relief
97
Public school finance system is not rationally related to a “thorough and uniform system of free public schools”
Public school finance system violates Local Control Clause
Defendants have violated and are violating the constitutional rights of each and all of the Plaintiffs

REMEDY: Injunction and Stay
98
Enjoin Defendants from implementing a school finance system that is not in full compliance with the Education Clause
Stay the injunction and retain jurisdiction until Defendants have complied with the Constitution

REMEDY
99
Relief NOT sought:
Not asking the Court to determine any particular amount of funding per pupil
Not asking the Court to legislate
Not asking the Court to design education policy

100
Thorough
- Opportunities
- Outcomes
Local Control

Plaintiffs: School Districts
Jefferson County School District No. R-1
Colorado Springs, School District No. 11, in the County of El Paso
Bethune School District No. R-5
Alamosa School District, No. RE-11J
Centennial School District No. R-1
Center Consolidated School District No. 26 JT, of the Counties of Saguache and Rio Grande and Alamosa
Creede Consolidated School District No. 1 in the County of Mineral
Del Norte Consolidated School District No. C-7
Moffat, School District No. 2, in the County of Saguache
Monte Vista School District No. C-8
Mountain Valley School District No. RE 1
North Conejos School District No. RE1J
Sanford, School District No. 6, in the County of Conejos
Sangre de Cristo School District, No. RE-22J
Sargent School District No. RE-33J
Sierra Grande School District No. R-30
South Conejos School District No. RE10
Aurora, Joint District No. 28 of the Counties of Adams and Arapahoe
Moffat County School District Re: No. 1
Montezuma-Cortez School District No. RE-1
Pueblo, School District No. 60 in the County of Pueblo
101

Colorado School District Map
I
102

Matt Keefauver (Montezuma-Cortez)
103
Montezuma-Cortez: 70% free and reduced lunch
Families cannot afford to bring in paper
Mayor Pro-Tem and farmers market
Pays for field trips to Crow Canyon
No classroom budget: he buys supplies
pencils, crayons & paper
Last 4 years: no raise
2 furlough days means $540 out of his pocket
“Here for my kids”
We are losing kids every day

104

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Lobato v. state plaintiffs closing arguments

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Lobato v. state plaintiffs closing arguments Presentation Transcript