Denver’s teachers union has filed a lawsuit asking a court to stop Denver Public Schools from giving innovation status to schools before they open.
The Denver Classroom Teachers Association filed its complaint Monday in Denver District Court, claiming the district and state board of education violated provisions of the 2008 Innovation Schools Act when they granted innovation status to six new schools, most in the far-northeast region.
The act allows schools to apply for special status that, among other things, allows them to opt out of union rules and regulations. It requires that a majority of the staff, administrators and parents support the status change.
Since the schools weren’t fully staffed when they applied for the special status, there was no staff vote, the union argues.
“We just want to make sure the law is followed because the intent of the law is to have involvement from teachers, staff and community,” said union president Henry Roman.
The district has said all job applicants were made aware of the school’s intent to apply for innovation status before they were hired.
District spokesman Michael Vaughn said the suit “will unnecessarily divert district time and resources. Legal counsel to both the state board of education and the district have advised that the innovation school applications comply fully with the Innovation Schools Act.”
The lawsuit mentions 10 schools. Six have already been approved, and DPS will vote on four next week.
Roman said the lawsuit could be amended to include more schools if the district continues granting innovation status to new schools.
Of the 10 schools in the lawsuit, eight are schools in the far northeast that are part of the controversial turnaround plans in the region.
Also included in the lawsuit are Denver Center for 21st Century Learning at Wyman, a multiple pathways school that will open this fall, and Swigert McAuliffe School in Stapleton.
Innovation proposals for schools in the far northeast requested waivers to have school days an hour longer than usual and include eight additional instruction days per year.
According to the union, more than 10 teachers have approached the union saying they feel uncomfortable agreeing to waive collective-bargaining rights, but that they have done so because they need a job.
“What consistently proves to work to help students improve is stakeholder buy-in in the design and implementation of the reforms,” said union executive director Carolyn Crowder.
Last month, state board members said that the law may need some clarification but that the intent was not to exclude new schools.
Roman said innovation status should be used as a way to better serve students once the school teachers and leaders know what the problems are.
“How do you decide what form of innovation is best if you have no track record of what these students need, because you have no students yet?” he asked.
Yesenia Robles: 303-954-1372 or yrobles@denverpost.com
