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Owens v. Colorado Congress of Parents, Teachers and Students

92 P.3d 933 (2004)

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Owens v. Colorado Congress of Parents, Teachers and Students

Colorado Supreme Court

92 P.3d 933 (2004)

Facts

The Colorado Opportunity Contract Pilot Program (COCPP) permitted low-income students to attend nonpublic schools in their school district. Students who received free or low-cost lunch under the National School Lunch Act were eligible to participate in the COCPP. After a student qualified and was accepted by a nonpublic school, the school district contracted with the student’s parents to give them four checks to be directly endorsed to the nonpublic school. The COCPP required the school district to pay the lesser of the nonpublic school’s actual educational cost per pupil, which was a percentage of the school district’s per-pupil operating revenues. The Colorado Congress of Parents, Teachers and Students (plaintiff) sued the state (defendant), alleging that the COCPP violated the express local-control requirement in article IX, § 15 of the state constitution. The trial court found that the COCPP violated the express local-control provision of the constitution beyond a doubt. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Bender, J.)

Dissent (Kourlis, J.)

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