Authority of GA to Change Formula under Amend 23
STUDY OF THE FINANCING OF PUBLIC SCHOOLS
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02:28 PM -- Authority of GA to Change Formula under Amend 23
Ms. Pelegrin spoke to the issue of whether the categorical programs are protected under the provisions of Amendment 23. A legal memorandum dated January 22, 2003, on the issue was provided (Attachment D). Ms. Pelegrin explained that Amendment 23 requires an increase in categorical funding as a whole, not an increase in each categorical program.
Ms. Pelegrin, in response to a question from Senator Spence, described the differences between the 1988 School Finance Act and the 1994 School Finance Act. Senator Romer asked about the court decision that found unconstitutional the voucher bill passed by the General Assembly in 2003 (the Colorado Opportunity Contract Pilot Program). Senator Spence commented that the opinion addressed not the money, but control over curriculum. Ms. Pelegrin clarified that the court tied the funding and curriculum issues together.
The committee took a brief recess.