13 Investigates: Concerns over process to bring new school into Woodland Park School District

WOODLAND PARK, Colo. (KRDO) -- While the Woodland Park School District's Board of Directors is currently considering adding a brand new school into the district, one concerned parent claims the district is fast-tracking the decision and not allowing public comment or debate.

In an email sent out to faculty and staff on March 1, the school district's superintendent Dr. Mathew Neal said the district is considering sharing the district's middle school facilities with Merit Academy starting in the 2022-23 school year.

"While facilities usage remains a priority for our upcoming Master Facilities Planning Committee, the District recognized the timely need for a decision, especially as WPSD and Merit need to begin plans this spring to modify the building space," Dr. Neal told faculty and staff in the email. "Additionally, the District feels confident that this plan will continue to meet the needs of our Middle School students and honor the value we hold for our community-based elementary schools."

On January 26, during a special meeting, the school district's board of directors unanimously approved a memorandum of understanding (MOU) with Merit Academy to move forward with discussions about the school's transition into Woodland Park School District.

Once the proposed contract is approved by both Woodland Park School District and Merit Academy it will be presented to the school district's board of directors.

However, a Woodland Park Middle School parent hopes to slow down the process after filing a complaint through a district court.

Erin O'Connell filed a request for injunction on March 4, accusing the board of directors of fast-tracking this decision without providing any period for debate or comment from parents, residents, or locals. The injunction goes on to accuse the Woodland Park School Board of Directors of breaking Colorado's Open Meeting Law related to the school.

"Our problem isn't about Merit Academy itself, but more about the process the board is taking to get there," O'Connell told 13 Investigates. "We feel they were offered an MOU in violation with open meeting laws."

In the complaint, O'Connell says the board of directors did not provide notice to publicly discuss transitioning Merit Academy before a January 26 special board meeting.

According to the agenda from the meeting, there is no mention of Merit Academy. According to the minutes from the meeting, Woodland Park School Board Director Chris Austin had concerns about the vagueness of an item titled "Housekeeping."

However, the school district's attorney Brad Miller told the directors that not all items have to be listed on the agenda so long as the board of directors are aware.

Under the agenda item "Housekeeping", the Woodland Park School Board of Directors confirmed their agreement with Merit Academy to move forward with contract talks to bring in the school.

O'Connell says the injunction was not granted by the courts. 13 Investigates is still working to confirm the court's reasoning.

Merit Academy first opened its doors as a contract school in Woodland Park on August 23, 2021. The school's leadership applied to join Woodland Park School District in August of 2020, but their application was turned down a few months later. After the November elections, a new board broached the idea of transitioning Merit Academy into a role within the school district as a charter school.

Wednesday, the school board met to discuss the Merit Academy application for using their facilities, but during public comment, dozens came forward to voice their concerns with the district's move to share the middle school with Merit Academy.

"First of all, it impacts the entire 6th-grade wing and really the whole school," O'Connell said. "Everyone has to shift classrooms. It removes a lot of rooms being used for very specialized services. Special ed rooms, counseling rooms, some of our restorative spaces, they will be completely uprooted. Not having those facilities really affect the students."

At Wednesday's school board meeting, directors in favor of the move to bring in Merit Academy say the middle school is currently operating at 50% capacity, and they have a fiduciary duty to the taxpayer to maximize the space within their buildings.

13 Investigates has reached out to all five members of the Woodland Park School Board of Directors for comment, but a spokesperson for the district says they are unable to comment.

Merit Academy and Woodland Park School District agreed to a period of 90 days to complete and sign a contract for a term of five years.