DPS stays the course
DPS has filed its response opposing Mamás’ request to halt the school closures planned for the 2025-26 school year, and its motion asking the Court to dismiss the entire lawsuit. We’ll prepare a more in-depth analysis over the weekend, as well as an update about next steps for Mamás in the lawsuit. Meanwhile, here are some immediate, important observations:
DPS has no intention of deviating from its “declining enrollment,” “low birthrates,” and “low building utilization” narratives that Mamás directly challenges in its Complaint;
DPS makes clear that it does not believe that it answers to voters, families, children, or educators - this is a closed system being run like a private business meant to benefit a select few, and regular people are not on the list of intended beneficiaries;
DPS provided two sworn statements - one of Andrew Huber and one of Heather Covey - in opposition to Mamás’ request for a preliminary injunction; notably absent is a sworn statement by even a single Defendant - not Marrero, nor any individual Board of Education member, nor consultant Ben Kleban;
In response to Mamás’ allegations that DPS is, fundamentally, engaged in a real estate scheme, it decided to rely on its real estate department to try to rebut Mamás’ efforts to create a truly good system of truly public neighborhood schools;
DPS’ motion to dismiss argues that public officials including Defendants owe no fiduciary duty (an obligation to manage public resources responsibly) while completely ignoring a state statute that says, “A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust”; and
DPS ignores that, as a matter of law, private corporations simply are not “public” entities that a school district can lawfully support financially.
In general, DPS’ briefs filed today lack nuance and disregard the crux of Mamás’ complaint, which is that Denver Public Schools is funded by and answers to the public. The very idea that DPS is simply not subject to any legal oversight for rampant misconduct that is demonstrably harming students, their families, and the community misses the point. We look forward to responding to DPS’ argument, and to hearing its leaders’ testimony about what is really going on in the school district.