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A group of parents suing Denver Public Schools over a decision to close or partially close 10 schools has asked a judge to stop the closures and order that the schools stay open.
Mamás de DPS LLC filed a motion Wednesday in Denver District Court for a preliminary injunction that would keep the closing schools open for the 2025-26 school year.
The proposed injunction also asked that Denver students be allowed to apply to attend the schools slated for closure during DPS’ annual school choice process. That process, which is key to assigning students to schools, began Jan. 15 and ends Feb. 18.
DPS spokesperson Bill Good said DPS does not comment on pending litigation.
At a Denver school board meeting Thursday, a district enrollment official said 40% of the families impacted by the impending school closures have already submitted a school choice application for their student to attend a different school next year. A presentation said that 1,137 of DPS’ approximately 90,000 students will be impacted by the closures.
In November, Superintendent Alex Marrero recommended closing or partially closing the 10 schools to address declining enrollment. The school board voted unanimously to approve his recommendation that same month. Mamás de DPS is suing Marrero, all seven board members, and a consultant hired to advise the board on its school closure policy.
Seven Denver schools are set to close at the end of this school year: 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.
In its lawsuit filed last month, Mamás de DPS alleged district leaders had an “ulterior motive” for the school closures “of converting public resources to the private market.” The group accused DPS of not being transparent about its enrollment and said its claims about underutilized school buildings were dubious. The lawsuit also said it’s unclear how the reported $6.6 million in savings DPS will achieve from closing the 10 schools will fix any financial problems.
The motion for the preliminary injunction made similar claims.
“All the evidence supports that the closures will cause individual, familial, and community harm, and that stopping the closures will prevent that harm,” it said. “On the other hand, DPS’ only purported interest in closing schools is a $6.6 million cost savings, which amounts to approximately 0.4 percent of DPS’ total annual budget.”
“DPS simply cannot justify ramming through the closures while this litigation — which alleges serious and widespread financial mismanagement and a starkly inequitable public school system — remains pending,” the motion for the preliminary junction read.
Read the full motion below.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org.