OWENS v. CONGRESS OF PARENTS, TEACHERS

No. 03SA364.

92 P.3d 933 (2004)

Bill OWENS, in his official capacity as Governor of Colorado; and the State of Colorado, Defendants-Appellants and Kimble Breazell, in her own behalf and as next friend of her children, Devon Breazell, Desire Breazell, and Demetrik Breazell; Tracy A. Dominguez, in her own behalf and as next friend of her children, Manuel Thomas Dominguez, Steven Victor Dominguez, and Marissa Anne Dominguez; Patsy Hill, in her own behalf and as next friend of her children, Jonathan Hill and Antonio Hill; Charlene Howard, in her own behalf and as next friend of her children, Charles Howard and Carson Howard; Laura Huckabey, in her own behalf and as next friend of her grandchildren, Starlite McGuire and William Hodge; Bette Kelso, in her own behalf and as next friend of her grandchild, Amber Kelso; Kenya Knezevich, in her own behalf and as next friend of her children, Brian Walk and Andrew Walk; Rosa Morales, in her own behalf and as next friend of her children, Ray Morales and Joseph Morales; Angelia Teague, in her own behalf and as next friend of her children, Denise Teague and Danielle Teague; Lisa Trujillo, in her own behalf and as next friend of her child, Dejerae Trujillo; Yvonne Trujillo, in her own behalf and as next friend of her children, Jacob Rodriguez and Kaitlyn Rodriguez; and Troylynn Yellow Wood, in her own behalf and as next friend of her child, Kimimila Irving Means, Intervenors/Defendants-Appellants, v. COLORADO CONGRESS OF PARENTS, TEACHERS AND STUDENTS; The Interfaith Alliance of Colorado; League of United Latin American Citizens; Colorado State Conference of Branches of the NAACP; Deborah A. Brennan and Alan J. Delollis, on Behalf of themselves and their minor child, Cameron Brennan; Carolyn Bartels and Howard Bartels, on behalf of themselves and their minor child, Hannah Bartels; Senator Patricia Hill Pascoe; Senator Dorothy S. Wham; Rabbi Joel R. Schwartzman; Reverend Dr. Cynthia Cearley; Francisco Cortez; Beverly J. Ausfahl; Theresa Solis; Danielle L. Waagmeester and William J. Waagmeester, on behalf of themselves and their minor children, Rachael Waagmeester, Madison Waagmeester, and Dane Waagmeester; Janet Tanner, on behalf of herself and her minor child, Benjamin Tanner; and Pamela Weber, on behalf of herself and her minor child, Kenneth Weber, Plaintiffs-Appellees.

Supreme Court of Colorado, En Banc.

June 28, 2004.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Renny Fagan, Deputy Attorney General, John R. Sleeman, Jr., First Assistant Attorney General, Antony B. Dyl, Assistant Attorney General, Denver, Colorado, Attorneys for Defendants-Appellants.

Institute for Justice, William Mellor, Washington, DC, Hale Hackstaff Friesen, LLP, Richard A. Westfall, Denver, Colorado, Attorneys for Intervenors/Defendants-Appellants.

Colorado Education Association, Martha R. Houser, Charles F. Kaiser, Sharyn E. Dreyer, Gregory J. Lawler, Cathy L. Cooper, Denver, Colorado, Bredhoff & Kaiser, P.L.L.C., Robert H. Chanin, John M. West, Maryann Parker, Washington, DC, People for the American Way Foundation, Elliot M. Mincberg, Judith E. Schaeffer, Washington, DC, Americans United for Separation of Church and State, Ayesha N. Khan, Washington, DC, American Civil Liberties Union Foundation of Colorado, Mark Silverstein, Denver, Colorado, American Jewish Congress, Marc D. Stern, New York, New York, American Federation of Teachers, David Strom, Washington, DC, American Jewish Committee, Alan S. Jaffe, Jeffrey P. Sinensky, Kara H. Stein, New York, New York, Anti-Defamation League, Steven M. Freeman, New York, New York, Attorneys for Plaintiffs-Appellees.

Caplan and Earnest LLC, W. Stuart Stuller, Boulder, Colorado, Colorado Association of School Boards, Lauren Kingsbery, Denver, Colorado, Attorneys for Amicus Curiae Colorado Association of School Boards.


Justice BENDER delivered the Opinion of the Court.

In this case, we consider whether the Colorado Opportunity Contract Pilot Program ("Pilot Program" or "the program"), sections 22-56-101 to -110, 7A C.R.S. (2003), violates the local control provisions of article IX, section 15 of the Colorado Constitution.

The program was challenged in the district court by eight parents on behalf of their children as well as several...

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