Lobato v. State

• Citation: 304 P.3d 1132
• Decision Date: 28 May 2013
• Docket Number: Supreme Court Case No. 12SA25
• Parties: Anthony LOBATO, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Denise Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Miguel Cendejas and Yuri Cendejas, individually and as parents and natural guardian s of Natalia Cendejas and Salma Cendejas; Pantaleon Villagomez and Maria Villagomez, as individuals and as parents and natural guardians of Chris Villagomez, Monique Villagomez and Angel Villagomez; Linda Warsh, as an individual and as parent and natural guardian of Adam Warsh, Karen Warsh, and Ashley Warsh; Herbert Conboy and Victoria Conboy, as individuals and as parents and natural guardians of Tabitha Conboy, Timothy Conboy and Keila Barish; Terry Hart, as an individual and as parent and natural guardian of Katherine Hart; Larry Howe–Kerr and Anne Kathleen Howe–Kerr, as individuals and as parents and natural guardians of Lauren Howe–Kerr and Luke Howe–Kerr; Jennifer Pate, as an individual and as parent and natural guardian of Ethan Pate, Evelyn Pate and Adeline Pate; Robert L. Podio and Blanche J. Podio, as individuals and as parents and natural guardians of Robert T. Podio and Samantha Podio; Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of Darean Hunt and Jeffrey Hunt; Doug Vondy, as an individual and as parent and natural guardian of Hannah Vondy; Denise Vondy, as an individual and as parent and natural guardian of Hannah and Kyle Leaf; Brad Weisensee and Traci Weisensee, as individuals and as parents and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as parent and natural guardian of Michael Topping; Debbie Gould, as an individual and as parent and natural guardian of Hannah Gould, Ben Gould and Daniel Gould; Lillian Leroux Snr, as an individual and as parent and natural guardian of Lillian Leroux III, Ashley Leroux, Alixandra Leroux and Amber Leroux; Theresa Wrangham, as an individual and as parent and natural guardian of Rachel Wrangham; Lisa Calderon, as an individual and as parent and natural guardian of Savannah Smith; Jessica Spangler, as an individual and as parent and natural guardian of Rider Donovan Spangler; 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. 26JT, of the Counties of Saguache and Rio Grande and Alamosa; Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte Consolidated School District No. C–7; Moffat, School District No. 2, in the County of Saguache and State of Colorado; Monte Vista School District No. C–8; Mountain Valley School District No. RE 1; North Conejos School District No. RE 1J; Sanford, School District No. 6, in the County of Conejos and State of Colorado; 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 School District No. 28 of the Counties of Adams and Arapahoe; Moffat County School District Re: No. 1; Montezuma–Cortez School District No. RE–1; and Pueblo, School District No. 60 in the County of Pueblo and State of Colorado, Plaintiffs–Appellees, and Armandina Ortega, individually and as next friend for her minor children, S. Ortega and B. Ortega; Gabriel Guzman, individually and as next friend for his minor children, G. Guzman, Al. Guzman and Ar. Guzman; Robert Pizano, individually and as next friend for his minor children, Ar. Pizano and An. Pizano; Maria Pina, individually and as next friend for her minor children, Ma. Pina and Mo. Pina; and Martha Lopez, individually and as next friend for her minor children, S. Lopez and L. Lopez, Plaintiffs–Intervenors–Appellees, v. The STATE of Colorado; Colorado State Board of Education; Robert K. Hammond, in his official capacity as Commissioner of Education of the State of Colorado; and John Hickenlooper, in his official capacity as Governor of the State of Colorado, Defendants–Appellants.
• Court: Supreme Court of Colorado

304 P.3d 1132

Anthony LOBATO, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Denise Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Miguel Cendejas and Yuri Cendejas, individually and as parents and natural guardian s of Natalia Cendejas and Salma Cendejas; Pantaleon Villagomez and Maria Villagomez, as individuals and as parents and natural guardians of Chris Villagomez, Monique Villagomez and Angel Villagomez; Linda Warsh, as an individual and as parent and natural guardian of Adam Warsh, Karen Warsh, and Ashley Warsh; Herbert Conboy and Victoria Conboy, as individuals and as parents and natural guardians of Tabitha Conboy, Timothy Conboy and Keila Barish; Terry Hart, as an individual and as parent and natural guardian of Katherine Hart; Larry Howe–Kerr and Anne Kathleen Howe–Kerr, as individuals and as parents and natural guardians of Lauren Howe–Kerr and Luke Howe–Kerr; Jennifer Pate, as an individual and as parent and natural guardian of Ethan Pate, Evelyn Pate and Adeline Pate; Robert L. Podio and Blanche J. Podio, as individuals and as parents and natural guardians of Robert T. Podio and Samantha Podio; Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of Darean Hunt and Jeffrey Hunt; Doug Vondy, as an individual and as parent and natural guardian of Hannah Vondy; Denise Vondy, as an individual and as parent and natural guardian of Hannah and Kyle Leaf; Brad Weisensee and Traci Weisensee, as individuals and as parents and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as parent and natural guardian of Michael Topping; Debbie Gould, as an individual and as parent and natural guardian of Hannah Gould, Ben Gould and Daniel Gould; Lillian Leroux Snr, as an individual and as parent and natural guardian of Lillian Leroux III, Ashley Leroux, Alixandra Leroux and Amber Leroux; Theresa Wrangham, as an individual and as parent and natural guardian of Rachel Wrangham; Lisa Calderon, as an individual and as parent and natural guardian of Savannah Smith; Jessica Spangler, as an individual and as parent and natural guardian of Rider Donovan Spangler; 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. 26JT, of the Counties of Saguache and Rio Grande and Alamosa; Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte Consolidated School District No. C–7; Moffat, School District No. 2, in the County of Saguache and State of Colorado; Monte Vista School District No. C–8; Mountain Valley School District No. RE 1; North Conejos School District No. RE 1J; Sanford, School District No. 6, in the County of Conejos and State of Colorado; 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 School District No. 28 of the Counties of Adams and Arapahoe; Moffat County School District Re: No. 1; Montezuma–Cortez School District No. RE–1; and Pueblo, School District No. 60 in the County of Pueblo and State of Colorado, Plaintiffs–Appellees,

and

Armandina Ortega, individually and as next friend for her minor children, S. Ortega and B. Ortega; Gabriel Guzman, individually and as next friend for his minor children, G. Guzman, Al. Guzman and Ar. Guzman; Robert Pizano, individually and as next friend for his minor children, Ar. Pizano and An. Pizano; Maria Pina, individually and as next friend for her minor children, Ma. Pina and Mo. Pina; and Martha Lopez, individually and as next friend for her minor children, S. Lopez and L. Lopez, Plaintiffs–Intervenors–Appellees,

v.The STATE of Colorado; Colorado State Board of Education; Robert K. Hammond, in his official capacity as Commissioner of Education of the State of Colorado; and John Hickenlooper, in his official capacity as Governor of the State of Colorado, Defendants–Appellants.

Supreme Court Case No. 12SA25

Supreme Court of Colorado.

May 28, 2013

District Court, City and County of Denver, Case No. 05CV4794, Honorable Sheila A. Rappaport, Judge

Attorneys for Plaintiffs–Appellees: Kathleen J. Gebhardt LLC, Kathleen J. Gebhardt, Jennifer Weiser Bezoza, Boulder, Colorado, Holland & Hart LLP, Marcy G. Glenn, Craig Stewart, Mark B. Wiletsky, Brooke H. McCarthy, Clarissa M. Raney, Denver, Colorado, Halpern Meacham, Alexander Halpern, Boulder, Colorado.

Attorneys for Plaintiffs–Appellees Anthony Lobato, Denise Lobato, Taylor Lobato, Alexa Lobato, Aurora Joint School District No. 28, Jefferson County School District No. R–1, Colorado Springs School District No. 11, Alamosa School District No. RE–11J, and Monte Vista School District No. C–8: Davis Graham

& Stubbs, LLP, Kenzo S. Kawanabe, Terry R. Miller, Denver, Colorado.

Attorneys for Plaintiffs-Appellees Sanford School District 6J, North Conejos School District RE–1J, South Conejos School District RE–10, and Centennial School District No. R-1: Perkins Coie, LLP, Jess A. Dance, Zane Gilmer, Denver, Colorado.

Attorneys for Plaintiffs–Appellees Alixandra, Amber, Ashley, Lillian III, and Lillian Leroux Sr.: Snell & Wilmer LLP, Jessica E. Yates, Denver, Colorado.

Attorneys for Plaintiffs–Appellees Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte Consolidated School District No. C–7; Moffat, School District No. 2, in the County Saguache and State of Colorado, and Mountain Valley School District No. RE 1: University of Denver, Sturm College of Law, Kyle C. Velte, Denver, Colorado.

Attorneys for Plaintiffs–Intervenors–Appellees: Bryan Cave HRO, Manuel L. Martinez, Steven J. Perfrement, Denver, Colorado, Mexican American Legal Defense & Educational Fund (MALDEF), David G. Hinojosa, Marisa Bono, Rebecca M. Couto, San Antonio, Texas.

Attorneys for Defendants–Appellants: John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Jonathan P. Fero, Assistant Solicitor General, John T. Lee, Assistant Attorney General, Erica Weston, Assistant Attorney General, Carey Taylor Markel, Special Assistant Attorney General, Denver, Colorado.

Attorneys for Amici Curiae The Colorado Union of Taxpayers and The Tabor Foundation: Rebecca R. Sopkin, Lakewood, Colorado.

Attorneys for Amicus Curiae Colorado Education Association: Martha R. Houser, Bradley Bartels, Denver, Colorado.

Attorneys for Amici Curiae Great Education Colorado, Colorado Parent-Teachers Association, and Colorado Association of Gifted and Talented: The Harris Law Firm, P.C., John H. Tatlock, Denver, Colorado.

Attorneys for Amici Curiae Colorado Behavioral Healthcare Council and Alliance: Hale Westfall, LLP, Richard Allen Westfall, Peter Krumholz, Matthew W. Spengler, Denver, Colorado.

Attorneys for Amici Curiae The Bell Policy Center and American Civil Liberties Union of Colorado: Faegre Baker Daniels LLP, David W. Stark, Denver, Colorado.

Attorneys for Amici Curiae Colorado Boards of Cooperative Educational Services Association, Colorado Rural Schools Caucus, and Rural School and Community Trust: Kaplan Kirsch & Rockwell LLP, John E. Putnam, Lala T. Wu, Denver, Colorado.

Attorneys for Amici Curiae Brennan Center for Justice and Professors of Constitutional Law and Civil Procedure: Melissa Hart, Boulder, Colorado, Alicia L. Bannon, New York, New York.

Attorneys for Amicus Curiae Campaign for Educational Equity at Teachers College, Columbia University and the National Educational Access Network: Blain Myhre LLC, Blain Myhre, Englewood, Colorado,Michael A. Rebell, New York, New York.

Attorneys for Amicus Curiae Colorado Women's Bar Association: Patricia M. Jarzobski, P.C., Patricia M. Jarzobski, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Hispanic Bar Association: Winter L. Torres, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Lawyers Committee: Elkind Alterman Hartson PC, Nancy Elkind, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Gay Lesbian Bisexual Transgendered Bar Association: The Harris Law Firm, P.C., J. Ryann Payton, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Center on Law and Policy: James W. Hubbell, Denver, Colorado.

Attorneys for Amici Curiae Colorado Association of School Boards and Colorado Association of School Executives: Kathleen Sullivan, Elizabeth R. Friel, Denver, Colorado.

Attorneys for Amici Curiae Colorado Concern, Colorado Hospital Association, Denver Metro Chamber of Commerce, Colorado Contractors Association, Colorado Competitive

Council, Colorado Association of Commerce and Industry, Progressive 15, Colorado Mining Association, Colorado Association of Mechanical and Plumbing Contractors, Colorado Bankers Association, Colorado Association of Health Plans, Denver South Economic Development Partnership, National Federation of Independent Business, Associated General Contractors of Colorado: Brownstein Hyatt Farber Schreck, LLP, Jason R. Dunn, Michael D. Hoke, Denver, Colorado.

Attorneys for Amici Curiae Colorado Cross-Disability Coalition, The Legal Center for People with Disabilities and Older People, and The Arc of Colorado: Heizer Paul Grueskin LLP, Edward T. Ramey, Lila M. Bateman, Denver, Colorado.

Attorneys for Amicus Curiae The Regents of the University of Colorado: Office of University Counsel, Patrick T. O'Rourke, Jeremy Hueth, Denver, Colorado.

Attorneys for Amicus Curiae Education Justice at Education Law Center: Heizer Paul Grueskin LLP, Martha M. Tierney, Denver, Colorado, Lowenstein Sandler PC, Stephen R. Buckingham, Roseland, New Jersey.

Attorneys for Amici Curiae Former Colorado Governors Bill Ritter, Bill Owens, and Richard Lamm: Foster Graham Milstein & Calisher, LLP, David Wm. Foster, Chip G....