Harrison School District 2 echoes disappointment with the court’s decision to overturn UPK lawsuit

COLORADO SPRINGS, Colo. (KRDO) - A lawsuit filed by Harrison School District 2, Cherry Creek School District, the Colorado Association of School Executives, and others was overturned on Tuesday.

Many school districts and organizations sued the State Board of Education, the State Department of Education, Governor Jared Polis, and other state educational entities regarding the Colorado Universal Pre-K program.

“We are disappointed by the court’s decision, but we will continue our focus on doing everything possible to advocate for resolution to the issues impacting students and families in the UPK system. Filing this lawsuit was a last resort and our top priority has always been ensuring that the violations of special education law, funding, and equal protections for students are rectified. While this fix won’t occur through a court order, it doesn’t change our path forward. We will continue to push for transparency and solutions to the ongoing issues with UPK. As we have since the start of the new program, we will continue to try to work with the state in whatever way we can.”

- Melissa Gibson’s response from CASE (Colorado Association of School Executives)

Harrison School District 2 echoed the sentiment.

“D2 will continue to advocate for equitable access and services for all students. Early childhood is vital to a student’s success, and we will continue to advocate to provide fewer barriers to access quality programming and services for all students before they start kindergarten.”

Dr. Wendy Birhanzel, Superintendent 

Lawsuit documents state that there was not adequate funding or planning on the part of the state to provide the resources set out by law adequately.

Governor Polis, on the other hand, celebrated the win in court, citing the success of last year's program.

“Rejoice, parents, because Preschool is here to stay! Every Colorado child deserves to be able to go to preschool and we are thrilled that soon the next class of students will be entering the classroom to get the best possible start in life while their families save thousands of dollars every year. We look forward to building on the incredible success of free preschool in Colorado, serving even more students and saving families money,” said Governor Jared Polis in a Tuesday press release. 

The release also stated that the free preschool program served over 46,000 students in the 2023-2024 school year and expects to grow next year.