School officials say they have standing as plaintiffs because of drop in funding

Colorado school boards who claim Colorado’s Taxpayer Bill of Rights has decimated student funding have joined a five-year legal fight to have the law dismantled.

Five Colorado school boards have been added as new plaintiffs in the original federal lawsuit filed against the anti-tax measure, also known as TABOR. The suit was filed in 2011 and led by state Sen. Andy Kerr and House Speaker Dickey Lee Hullinghorst.

In June 2015, the U.S. Supreme Court returned the case to the 10th U.S. Circuit Court of Appeals in Denver for further review. But in June 2016, the Court of Appeals determined the legislative plaintiffs did not have standing to sue. The case was then sent back to U.S. District Court.

Lawyers for the original plaintiffs hope to keep the suit alive with the addition of the school districts, saying the districts have legal standing to sue because they have been directly injured by TABOR.

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