As you are well aware, our district has engaged in continued discussion with the Colorado Department of Education and State Board of Education regarding our state accountability status involving the district, as well as that of two of our schools – Central Elementary School and Adams City High School.
As an extension of that process, the State Board of Education mandated that a State Review Panel facilitated by an external company conduct a review of the district as well as its individual schools last month. The report stemming from that review was released on March 15, 2022. The Spanish version was released on March 24.
In an effort for full transparency, Adams 14 has created this webpage to include the state’s report, the Adams 14 rebuttal, and other important materials that may be of interest to the community.
If you have any questions regarding these documents and Adams 14’s next steps, please email email@example.com.
On February 14, 2022, the District filed a First Amended Complaint alleging that the State Board of Education is violating the District’s constitutional and statutory rights. The District filed its complaint with the Court before the April 14, 2022 hearing under the Administrative Procedures Act (“APA”). The purpose for filing with the Court before April 14, 2022, was to see whether the Court would agree that the District is being irreparably harmed by the State Board of Education, and to seek an order from the Court to stop the State Board of Education’s conduct before the April 14, 2022 hearing.
The State filed a motion to dismiss the District’s complaint claiming that: 1) the District could not allege constitutional violations against the State Board of Education; 2) the District could not bring a case against the State Board of Education because, it claimed, the State Board of Education is “superior” to the District (known as the “political subdivision doctrine”); 3) the APA does not apply to the State Board of Education; and 4) the District cannot prove it is being irreparably harmed right now.
In a carefully written decision, the Court held that the District’s could not bring constitutional claims under the U.S. and Colorado constitutions claiming due process violations. But, the Court also held that the District has the right to bring other claims against the State Board of Education under the APA. In particular, the Court rejected the State Board of Education’s argument that the District is prohibited from bringing any claim because the State Board of Education is the “superior” government agency. Yet, because the Court ruled that the APA applies to the State Board of Education, the Court agreed with the District that the District can sue the State Board of Education under the APA.
Turning to the remaining claims under the APA, the Court stated that the District cannot show irreparable harm at this time. The Court instructed the District to complete the hearing process and await a final order from the State Board of Education. Then, the District will be able to bring its APA claims against the State Board of Education. The Court listed out the District’s claims and, if proven true, how each of those claims, based on the State Board of Education’s alleged conduct, would violate the APA.
With the Court ruling that the APA applies to the State Board of Education, the District will move forward to the April 14, 2022 hearing. The District will fight to ensure that the full protections of the APA apply to the District.