Parent group withdraws motion to stop Denver school closures while lawsuit continues

Parents protest the decision to close Denver's Castro Elementary School in November 2024. (Melanie Asmar / Chalkbeat)

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A parent group that is suing Denver Public Schools over its decision to close or partially close 10 schools this spring has withdrawn a motion to keep those schools open next school year.

Mamás de DPS wrote in a withdrawal notice Friday that Denver Public Schools notified families last week of their school choice assignments for next school year, “effectively finalizing the school closures that Mamás sought to halt.”

If Mamás de DPS continued with its motion to stop the closures and a judge ruled in their favor, the school district would have to undo those school choice assignments, which Mamás de DPS wrote would create “an untenable psychological situation for Denver families.”

“It would be absolutely devastating to find out after accepting admittance to another school via Choice that there was an opportunity to stay at our current school with our teachers, community, and friends,” the withdrawal notice quoted a member of Mamás de DPS as saying. The member’s children currently attend one of the schools that is set to close, the notice said.

Denver Public Schools did not immediately respond to a request for comment.

The December lawsuit that Mamás de DPS filed against Denver Public Schools will continue. The withdrawal notice only pertains to a motion for a preliminary injunction that the group filed in January. The motion sought to stop the school closures while the lawsuit was ongoing.

Now, “Mamás will proceed in prosecuting its claims against Defendants on the ordinary timeline,” the withdrawal notice said.

The Denver school board voted in November to close or partially close 10 schools at the end of this school year due to declining enrollment. Several of the closing schools are using less than 40% of the space in their buildings this year, according to district data.

Mamás de DPS’ lawsuit alleges that district leaders had an “ulterior motive” for the school closures “of converting public resources to the private market” through publicly funded, privately run charter schools. The group accused DPS of not being transparent about its enrollment and said the district’s claims about underutilized buildings were dubious.

Denver Public Schools asked the court to dismiss the lawsuit earlier this month. In a pair of motions, DPS pushed back against the parent group’s claim that the school closures would cause harm to students and families, in part by arguing that the approximately 1,100 affected students would get their first pick among other schools next year.

Seven schools are set to close this spring: Castro Elementary, Columbian Elementary, Denver School of Innovation and Sustainable Design, International Academy of Denver at Harrington, Palmer Elementary, Schmitt Elementary, and West Middle.

Three more schools will partially close. Kunsmiller Creative Arts Academy will lose its elementary school grades, Dora Moore ECE-8 School will lose its middle school grades, and Denver Center for International Studies will lose its high school grades.

Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.

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