Department of Institutions Ex Rel. S.L.G. v. Bushnell

The Department of Institutions (Department) brought this action to compel the defendant Board of Education of Durango School District No. 9-R (District) to issue a diploma to a minor who had been placed in the Department’s custody. The district court entered a summary judgment in favor of the District. The district court, apparently on its own motion, determined that the statute in question, section 19-8-113(2), C.R.S. 1973, was unconstitutional by reason of a conflict with Article IX, Section 15 of the Colorado Constitution. We accepted jurisdiction of the case from the Colorado Court of…