Denver, CO — A Denver judge this week dismissed a lawsuit targeting Colorado’s universal preschool program, which had been brought by multiple school districts and associated organizations. The plaintiffs argued that the state’s central management of the program was detrimental, especially to students with disabilities, but failed to demonstrate legal harm.
Judge Jon J. Olafson ruled that the school districts, the Colorado Association of School Executives, representatives for special education directors, two families, and a rural school agency did not provide sufficient evidence that the rollout had directly harmed them. He suggested the challenges described by the districts were typical teething problems rather than actionable legal injuries.
The lawsuit highlighted numerous difficulties such as long wait times for service and misplacements within the program, which the districts claimed illustrated a broader systemic failure and lack of local control. These issues, they argued, severely impacted families and especially disadvantaged children with special needs by delaying or denying services.
Nevertheless, in a 20-page decision, Judge Olafson stated that the implementation issues, while frustrating, did not constitute an invasion of local autonomy. He maintained that the state has historically overseen similar admissions and enrollment processes without legal challenge.
Further challenging the school districts, Olafson ruled they do not qualify as “persons” under the federal equal protection clause, thereby negating part of their constitutional claim. He also noted that existing federal and disability laws provide avenues for administrative grievances, which the plaintiffs had not pursued.
The ruling represents a significant win for Gov. Jared Polis and other state leaders, who have championed the UPK initiative. Approved by voters in 2020, the program offers free preschool to all 4-year-olds in the state, and select 3-year-olds, covering both full-day and half-day options. The initiative has seen substantial uptake, with nearly two-thirds of eligible children enrolled.
Amid these controversies, the Colorado Association of School Executives expressed disappointment, stating the lawsuit was a final resort aimed at addressing what they see as violations of special education law and equal protection rights. While the court decision closes this legal challenge, the group vowed to continue seeking resolution through state cooperation and improved transparency.
In another related development, ongoing legal discussions persist around the UPK program’s inclusivity policies. Following a federal court ruling, two Catholic preschools in Colorado have appealed a decision that supported the state’s non-discrimination requirements, which include the enrollment of LGBTQ+ families. This appeal remains under consideration and underscores the ongoing complexities and disputes intertwining education, law, and individual beliefs in the state.
The cases collectively highlight the nuanced and often contentious nature of implementing broad educational reforms that touch on issues of local governance, inclusivity, and the balance between state oversight and individual school operations. As these discussions evolve, they will likely continue to stimulate public and legal debate over the best paths forward for education in Colorado.