Gov. John Hickenlooper said Wednesday that after a close review of a Denver district judge's decision in Lobato vs. Colorado, he will appeal the decision to the state's highest court.

"The judge's decision provided little practical guidance on how the state should fund a 'thorough and uniform' system of public education," Hickenlooper said in a statement. "Moreover, while the judge focused on the inadequacy of state funding, she did not reconcile this issue with other very relevant provisions of the Constitution, including the Taxpayer's Bill of Rights, the Gallagher Amendment and Amendment 23."

Kathy Gebhardt, one of the lead attorneys who brought the suit, said she was disappointed but not surprised at the governor's decision.

"We believe we have proved there is a sense of urgency to fixing this problem, that kids have been attending substandard schools," Gebhardt said.

Prolonging the suit merely hurts kids now in Colorado schools, she said.

"Justice delayed is education denied," she said.

The State Board of Education, meanwhile, postponed until next week its own decision on whether to pursue an appeal.

After the board convened by phone in an hour-long executive session, chairman Bob Schaffer​ said the board would not make a decision until Tuesday. He did not offer any reason for the delay.

The governor and the State Board of Education are defendants in the case, so both can weigh in with direction, said Mike Saccone, spokesman for the attorney general's office.

Saccone said the legislature has appropriated up to $3.5 million to defend the state against the suit.

The suit was filed in 2005. It originated with a group of parents in the San Luis Valley but expanded to include districts from across the state.

The judge's ruling this month blasted the state's level of school funding as "unconscionable" and not meeting the Colorado Constitution's requirement of a "thorough and uniform" public education system.

The ruling handed the problem off to lawmakers to fix, and the judge said implementing her ruling would be delayed until the end of the 2012 legislative session.

In his statement Wednesday, Hickenlooper said he consulted with Attorney General John Suthers in reaching his decision.

"We look forward to a swift decision in this case so the people of Colorado and their elected representatives can participate in the school funding conversation," Hickenlooper said.

Karen Auge: 303-954-1733 or kauge@denverpost.com