Face The State Staff Report
In oral arguments made in a case challenging the state’s authority to create and fund charter schools, the Colorado Solicitor General maintained that charter schools have a constitutional right to exist.
Representing the state on Friday before the Colorado Court of Appeals, Solicitor General Dan Domenico maintained that the state Constitution does not restrict the legislature’s ability to develop and fund charter schools.
The Charter School Act was passed by the then-Republican controlled General Assembly in 2004 to meet a growing demand for charter schools statewide. The legislation established the Charter School Institute, which provides oversight and funding to state charter schools.
Over the last four years, the Boulder Valley School District has consistently tried to tear down the law by challenging its constitutionality. The district says the law takes away its constitutional right to govern schools operating within its boundaries. Provisions in the state constitution allow school districts local control on education policy.
This particular complaint was first heard in district court with two other similar cases brought forth by Adams County School District 50 and the Poudre School District. However, when all three complaints were shot down in December 2006, only the BVSD appealed the decision.
The school district, which has no state-controlled charter schools within its boundaries, appealed the decision to the Colorado Court of Appeals saying that the CSI violates the state constitution.
Domenico argued that Boulder has no real grounds to challenge the law since its funding isn’t affected by state-run charter schools and has sole chartering authority within its district.
“It’s a shame that Boulder, which isn’t affected by these schools at all, would use its scarce resources, and force the State to expend its, on lengthy litigation seeking to shut down those students’ schools,” Domenico said in a statement released Friday.
Nate Strauch, spokesman for Attorney General John Suthers echoed Domenico’s sentiment, saying of BVSD, “They really don’t have a dog in this fight.”
Randy DeHoff, executive director of the CSI and State Board of Education member, says he’s confident the state's Court of Appeals will toss out the complaint. “I’m optimistic about the outcome since we won at the district court level.”
Jim Griffin, president of Colorado League of Charter Schools, says he is also confident that the appeals court will rule in favor of the charter schools. But he also says part of him would like to see BVSD appeal the decision to the state Supreme Court so the issue will be conclusively resolved.
Calls to BVSD legal counsel Melissa Mequi were not returned as of press time.