Six school districts file lawsuit against Colorado over Universal Preschool Program

Six school districts and two education associations are suing the state of Colorado over the Universal Preschool Program. The lawsuit states in part that the new program has not addressed concerns about violations of laws regarding the rights of children with disabilities. 

The lawsuit also raises concerns about the adequacy and transparency of funding. Districts claim the program was rushed, poorly designed and confusing to parents and that the rollout of the program is causing damage and lost revenue. 

The plaintiffs include the Colorado Association of School Executives, Consortium of Directors of Special Education, Brighton School District 27-J, Cherry Creek School District No. 5, Harrison School District 2, Mapleton Public Schools, Platte Valley Public Schools, and Westminster Public Schools. 

"I'm saddened that we're here today and all that we're asking is to be part of the solution, that's all we're asking. To be brought to the table to have conversations so we can do this right," said Cherry Creek Schools Superintendent Christopher Smith. "We were told to go home. That is frustrating."

Smith is among several school administrators who claim their concerns about the program were ignored. 

"We were ignored. Every recommendation we made, every attempt we made to teach about federal and state law and protections that were well established since 1975," said Lucinda Hundley with the Colorado Consortium of Directors of Special Education.

Gov. Jared Polis acknowledges the new program has been disruptive but it is meant to center parent choice, "There are those who are suing it because they want school districts to control it more rather than have the community provider piece, but I think what we're showing here in Jeffco and around the state is that universal preschool is a huge success."

According to the state of Colorado, preschool enrollment is up 43%, which is 10,000 more 4-year-olds receiving preschool than before. 

The lawsuit claims that students are being repeatedly mismatched, receiving fewer hours of free school than they expected and their learning needs aren't being met. 

"We have a wedge between our school district and our community because of their inability to come and work with us to simply register for preschool," said Platte Valley Schools Superintendent Jeremy Burmeister.

The plaintiffs also claim the state has failed to provide transparency about funding. 

"Throughout this process, we were shown numbers from the Department of Early Childhood Education that were factually inaccurate and were used to portray a sense of fiscal solvency that didn't exist in this program.," said Cherry Creek Schools Chief Financial Officer Scott Smith.

The districts filing the lawsuit want to have immediate access and control of preschool enrollment and they want the state to ensure there is sufficient funding for students who enroll in order to be able to operate preschools. 

"I think it will all work itself out. The key thing is we value parent choice. We want parents to be empowered to choose the preschool provider that meets their needs," said Polis.  

This follows a lawsuit filed by Saint Mary's in Littleton and Saint Bernadette's in Lakewood claiming Catholic schools should also be eligible for state funding. Those schools prioritize Catholics for admission and can deny admission to students or families who identify as LGBTQ.