brief in opposition to motion to dismiss - Colorado Attorney General

and alter the boundaries of school districts, it is equally clear that it does not have the power toeliminate school districts entirely from the system of public education. See, Board of Educ. ofSch. Dist. No. 1 v. Booth, 984 P.2d 639, 645 (1999). “If the General Assembly wants to changethis fundamental structure, it must either seek to amend the constitution or enact legislation thatsatisfies the mandates of the Colorado Constitution.” Owens, supra, 92 P.3d at 944.In Board of County Comm’rs of Douglas County v. Bainbridge, Inc., 929 P.2d 691, 711(1996), the Court held that while providing a thorough and uniform system of public education isof state-wide importance which the Public School Finance Act helps the state to achieve,“[c]ounties and school districts also have an important interest in ensuring that the needs of thestudent population in their districts are met.” 31In Booth, the Supreme Court recognized that thecontrol of instruction provision is a source of constitutional authority in school districts, which itdefined as the “power or authority to guide and manage both the action and practice ofinstruction as well as the quality and state of instruction.” Booth, supra,, 984 P.2d at 648. Aftera review of precedent, the Court further noted that “legislation must not usurp a local board’sdecision-making authority.” Id., 984 P.2d at 649.Most recently, the Court reviewed and powerfully affirmed of the constitutional authorityof school districts under Article IX, §15, in Owens v. Colorado Congress of Parents, Teachersand Students, supra. In an extended discussion, 32 Owens articulates the “constitutional status oflocal control requirement,” and its function as an expression of the “framers’ preference . . . for31 The Court also noted that “[I]t is clear that the Finance Act does not provide adequaterevenues for school construction.” Board of County Comm’rs of Douglas County v. Bainbridge,Inc., 929 P.2d 691, 711 (1996). The Court had no difficulty in finding manageable standards toarrive at this conclusion.32See Owens v. Colorado Congress of Parents, Teachers and Students, 92 P.3d 933, 937-45(2004).37