August 21, 2019

Colorado Supreme Court: District Scholarship Program Violates Colorado Constitution

The Colorado Supreme Court issued its opinion in Taxpayers for Public Education v. Douglas County School District on Monday, June 29, 2015.

Standing—Aiding Religious Schools—Colo. Const. Art. IX, § 7.

Four years ago, the Douglas County School District implemented its Choice Scholarship Pilot Program (CSP), a grant mechanism that awarded taxpayer-funded scholarships to qualifying elementary, middle, and high school students. Those students could use their scholarships to help pay their tuition at partnering private schools, including religious schools. The Supreme Court granted certiorari to determine whether the CSP comports with both the Public School Finance Act of 1994, CRS §§ 22-54-101 to -135 (Act), and the Colorado Constitution. The Court first held that petitioners lacked standing to challenge the CSP under the Act. The Court further held, however, that the CSP violates Article IX, § 7 of the Colorado Constitution. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case so that the trial court may reinstate its order permanently enjoining the CSP.

Summary and full case available here, courtesy of The Colorado Lawyer.

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