VOLUME 35| ISSUE 43
WEEK OF OCTOBER 26, 2023
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Ballot issue Colorado Supreme Court: would let state Low ratings don’t harm school districts keep extra tobacco funds BY SANDRA FISH THE COLORADO SUN
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Adams 14 schools were the subject of a state Supreme Court question about ratings. BY YESENIA ROBLES CHALKBEAT COLORADO
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The Adams 14 school district failed to show that state intervention caused any real harm or injury and has no basis to sue the state, the Colorado Supreme Court ruled this month. The ruling leaves the state’s school accountability system intact but could have larger significance. The justices threw out a longstanding precedent known as the rule of Martin, which said that political entities that are subordinate to the state, such as school districts and counties, can’t sue the state for exercising normal oversight. The justices also noted that the State Board of Education’s actions toward Adams 14 are allowed under the Education Accountability Act
and that Adams 14 did not challenge the legality of the law itself. Justice Monica M. Márquez wrote the opinion, and all six other justices joined in. There were no dissenting opinions. “A school district is not injured by receiving a low accreditation rating. A low accreditation rating means that the district will receive additional resources from the state to facilitate improved performance — a process intended to help districts and their students, not harm them,” the court ruling states. Education Commissioner Susana Córdova said the ruling means school improvement efforts in the district can continue “without the risk of being derailed by pending litigation.” “We welcome the opportunity to continue to work closely with
PHOTO BY ERICA MELTZER / CHALKBEAT
Colorado voters approved a ballot measure in 2020 increasing taxes on tobacco and nicotine products and letting the state use the revenue to fund a universal preschool program. But the increased taxes generated more money than expected to the tune of about $24 million. So the legislature passed a bill asking voters this year through Proposition II to let the state keep that extra money — as well as all future revenue from the taxes — and use it to expand the preschool program. If voters reject Proposition II, the tax revenue collected above what was projected will be returned to nicotine and tobacco wholesalers and distributors. Additionally, the nicotine and tobacco tax rates will be cut to prevent future excess revenue.
Adams 14 and build on the current work underway in the school district,” she said in a written statement. “We know that a focus on student achievement by working together is the best way forward for the students, staff, families, and community of Adams 14.” An attorney for the Adams 14 school district hailed the decision as a victory for local control, even though the justices upheld a lower court’s dismissal of the district’s lawsuit against the state. “My little school district getting rid of a 53-year-old law that was being used against local governments and local school boards, is a big deal,” Adams 14 attorney Joe Salazar said of the rule of Martin. “Sounds like a good day to me.”
The Taxpayer’s Bill of Rights, a constitutional amendment approved by voters in 1992, requires that money collected in excess of a tax’s projected revenue be refunded unless voters let the government keep the money. The increased tobacco and nicotine taxes were approved in 2020 through Proposition EE, which was placed on the ballot by Democrats in the legislature. The measure, which got the support of 68% of voters, gradually increases tobacco and nicotine taxes through 2027.
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BRIEFS: PAGE 2 | OBITUARIES: PAGE 4 | CLASSIFIEDS: PAGE 33 | LEGAL: PAGE 35
Why does the state need voter permission to keep the excess revenue?
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