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Denver Public Colleges has requested a decide to dismiss a lawsuit filed by a dad or mum group that’s searching for to cease the closures or partial closures of 10 colleges this spring.
The group, Mamás de DPS LLC, sued the varsity district in December over the Denver faculty board’s November determination to shut seven colleges and partially shut three extra as a consequence of declining enrollment. In January, Mamás de DPS filed a movement for a preliminary injunction to maintain the closing colleges open for the 2025-26 faculty 12 months.
The varsity closures have been controversial, and Mamás de DPS alleged in its lawsuit that district leaders had an “ulterior motive” for the varsity closures “of changing public assets to the non-public market.” The group accused DPS of not being clear about its enrollment and stated the district’s claims about underutilized faculty buildings have been doubtful.
The lawsuit additionally stated it’s unclear how the reported $6.6 million in financial savings DPS will obtain from closing the ten colleges will repair any monetary issues.
In a pair of motions filed in Denver District Court docket final week, DPS argued that the decide ought to dismiss the lawsuit from Mamás de DPS and permit the varsity closures to go ahead by rejecting the request for a preliminary injunction.
DPS pushed again in opposition to Mamás de DPS’ declare that the varsity closures would trigger hurt to college students and households. It emphasised that the roughly 1,100 affected college students would get their first decide among the many different colleges within the district subsequent faculty 12 months.
“DPS acknowledges that closing or restructuring a college might be disruptive and create uncertainty for impacted households,” the district’s legal professionals wrote in one in all their motions. “However the District has executed every little thing inside its management to attenuate uncertainty and disruption and to make sure that all impacted college students can transition to new colleges as easily as doable.”
Seven Denver colleges are set to shut on the finish of this faculty 12 months: Castro Elementary, Columbian Elementary, Denver Faculty of Innovation and Sustainable Design, Worldwide Academy of Denver at Harrington, Palmer Elementary, Schmitt Elementary, and West Center.
Three extra colleges will partially shut. Kunsmiller Artistic Arts Academy will lose its elementary faculty grades, Dora Moore ECE-8 Faculty will lose its center faculty grades, and Denver Middle for Worldwide Research will lose its highschool grades.
Mamás de DPS describes itself on an internet site dedicated to the case as a casual, grassroots group. It says the lawsuit started “about as organically because it will get:” with a gaggle of mothers, a few of whom are legal professionals, speaking concerning the faculty closures at a birthday celebration. The group registered as an LLC in December, every week earlier than submitting the lawsuit.
In its motions, DPS stated there isn’t a proof “that the members of Mamás de DPS are households enrolled on the colleges” slated for closure — and subsequently, don’t have standing to sue.
The district additionally argued that the coverage beneath which Denver Superintendent Alex Marrero really helpful the varsity closures, and beneath which the varsity board permitted them, shouldn’t be a state legislation however slightly a set of guardrails which might be up for interpretation by the superintendent.
Mamás de DPS “is making an attempt to step into the sneakers of the Board to implement its personal guardrails, which it has no authorized foundation to do,” the district wrote in one in all its motions.
DPS conceded in its motions that there are some “explainable discrepancies” in its faculty enrollment knowledge, however stated that “the information nonetheless present that DPS’s enrollment is declining and can proceed to say no.” It stated that “low constructing utilization creates each a monetary and an fairness drawback for DPS and its college students,” and that whereas the financial savings from the varsity closures could also be comparatively small, that isn’t a purpose to maintain under-enrolled colleges open.
“Working and subsidizing half-empty buildings shouldn’t be a sound or equitable use of taxpayer {dollars}, and given enrollment projections, that drawback will solely worsen,” DPS stated in its movement opposing the request for a preliminary injunction.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.