Villanueva v. Carere, Civ. A. No. 94-F-1175.
| Decision Date | 24 August 1994 |
| Docket Number | Civ. A. No. 94-F-1175. |
| Citation | 873 F. Supp. 434 |
| Parties | Lorraine VILLANUEVA, on behalf of herself and her minor children, Delores Villanueva, Kayla Villanueva, and Esteban Villanueva; Jennie Vasco and Claude Vasco, on their own behalf and on behalf of their minor child, Marie Vasco; Bernadette Villalon, on behalf of herself and her minor children, Jason Villalon and Ian Villalon; and collectively on behalf of all others similarly situated, Plaintiffs, v. Warren CARERE, President and Member, Board of Education for Pueblo School District No. 60, Dennis Flores, Mary Lou Jackson, Abel Tapia, Judy Weaver, Members, Board of Education for Pueblo School District No. 60; Board of Education for Pueblo School District No. 60, Defendants, The State of Colorado ex rel. Gale A. Norton and the Colorado State Board of Education, Intervenors. |
| Court | U.S. District Court — District of Colorado |
COPYRIGHT MATERIAL OMITTED
J.E. Losavio, Jr., Margaret L. Herdeck, John W. Fresh, Michael E. Lajoie, Peter Blood, Law Offices of J.E. Losavio, Jr., Christine Pacheco-Koveleski, William W. Barber, Pueblo Co. Legal Services, Inc., Pueblo, CO, for plaintiffs.
Martin Semple, Michael H. Jackson, Franklin A. Nachman, Patrick B. Mooney, Denver, CO, for school district defendants.
Lee R. Combs, Special Asst. Atty. Gen., State Board of Agriculture, Michael W. Schreiner, Asst. Atty. Gen., Human Resources Section, Denver, CO, for State Bd. of Agriculture and R. Shirley.
Silke M. Hansen, Mediator, U.S. Dept. of Justice, Community Relations Service, Denver, CO.
William E. Thro, Asst. Atty. Gen., Colorado Dept. of Law, Denver, CO, for State of Colo.
This case involves the action by a group of parents to prevent the closure of their neighborhood elementary schools in Pueblo, Colorado. In addition, the parents seek to prevent the opening of a new charter school. This action is before the Court on Plaintiffs' Motion for a Permanent Injunction. The parties agreed to consolidate the hearing for a preliminary injunction with that for a permanent injunction. Jurisdiction is proper pursuant to 28 U.S.C. § 1331 and FED. R.CIV.P. 65(a)(2). Defendants have also moved for summary judgment pursuant to FED.R.CIV.P. 56.1
In addition to preliminary statements, the Court has had the benefit of five days of hearings at which the parties presented evidence regarding the events leading up to the decisions to close Hyde Park and Spann elementary schools, the decision to open a charter school, Pueblo School for the Arts and Sciences ("PSAS"); and the impact of these decisions on their children and the community. During these hearings, the Court heard testimony from thirty witnesses including the members of the School Board, District administrators, parents, educators, and experts in sociology and education. The parties have submitted over 200 exhibits, which together with briefs and written closing arguments the Court has thoroughly reviewed.
Plaintiffs in this action are the class of parents of students at Hyde Park Elementary School ("Hyde Park") and Spann Elementary School ("Spann"). In February of 1994, the Board of Education for Pueblo School District 60 (the "School Board") voted to close these schools. Named Plaintiff Lorraine Villanueva is the mother of Delores, Kayla, and Esteban Villanueva. Her children attended Spann. Named Plaintiff Bernadette Villalon is the mother of Jason and Ian Villalon. Her children attended Hyde Park. Defendants Warren Carere, Dennis Flores, Mary Lou Jackson, Abel Tapia, and Judy Weaver are members of the School Board. Mr. Tapia and Mr. Flores are Hispanic. Because Plaintiffs challenge the constitutionality of Colorado's Charter Schools Act (the "Act"), COLO.REV.STAT. § 22-30.5-101 et seq., the State of Colorado and the Colorado State Board of Education have intervened to defend the Act.
Plaintiffs' Complaint challenges the actions of Pueblo School District 60 (the "District") in closing Hyde Park and Spann and in opening PSAS on the following grounds: (1) the decisions violate Plaintiffs' rights to equal protection of the laws pursuant to the Fourteenth Amendment of the United States Constitution; (2) the Charter Schools Act, facially and as applied, violates the Equal Protection Clause of the United States Constitution; (3) the decisions violate Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; (4) the school closures would deprive Plaintiffs' rights to due process of law pursuant to the Fourteenth Amendment by depriving them of (a) schoolwide Chapter I benefits, (b) the federally funded follow-through program (PRAISE), and (c) school lunch and breakfast programs; (5) the opening of PSAS violates the Equal Educational Opportunities Act, 20 U.S.C. § 1701 et seq.; and (6) the closure of the elementary schools violates the Elementary and Secondary School Improvement Act Amendments, 20 U.S.C. § 2726, by burdening parental involvement and endangering federal funds contingent upon such involvement.
As relief, Plaintiffs request that the Court enjoin the closure of Hyde Park and Spann. Plaintiffs also request that the Court declare the Colorado's Charter Schools Act unconstitutional. Finally, Plaintiffs seek to enjoin the opening of PSAS.
Having reviewed each of Plaintiffs' claims, the facts as presented during the hearings and in the parties' exhibits, and relevant case law, the Court holds that an injunction is not warranted. All of Plaintiffs' claims and the basis for the Court's decision will be discussed individually. Our jurisdiction will end after entry of this final Order, and the Court will not retain continuing jurisdiction over this litigation. The Court is of the view that implementation of the closure of the two schools and commencement of activity by the PSAS can best be accomplished without court supervision. While we have not granted injunctive relief to Plaintiffs', some actions taken by the District merit comment. To this end, the District should carefully consider the Court's recommendations and observations, discussed below.
Pueblo School District 60 is comprised of 23 elementary schools, 6 middle schools, 4 high schools, an alternative school, and a child care facility. As of October 1, 1993, the District's total enrollment was approximately 18,054 students.
Over the past few years, Pueblo School District 60 has become a national leader in terms of its willingness to pursue innovation in education.2 In 1991, the District entered into a cooperative agreement with University of Southern Colorado, located in Southern Colorado. This agreement creates the Educational Alliance of Pueblo (the "Alliance").3 The goals of the alliance are to improve the quality of education at all levels and to better utilize taxpayer dollars through resource sharing. The Alliance is one of the first efforts in the country in which a university and a school district have forged educational and administrative ties. The Alliance was intimately involved with the activities of the District that gave rise to this litigation. Specifically, the Alliance aided in the District's 1991 strategic planning, which began the process leading up to the decision to close Hyde Park and Spann. Furthermore, the Alliance was named as the sponsor on the charter application of the Pueblo School for the Arts and Sciences ("PSAS").
In December of 1993, the School Board voted to approve the charter school application of PSAS pursuant to its powers under Colorado's Charter Schools Act, § 22-30.5-101 et seq. PSAS seeks to address the problems of low test scores, graduation rates, and achievement for Hispanic and minority students by establishing a school with focused curriculum, high expectations, and the insistence that all students complete the same curriculum. Further comment about PSAS is found later in this Order. School Board members Warren Carere, Judy Weaver, Abel Tapia, and Dennis Flores voted in favor of opening PSAS. Mary Lou Jackson voted against the charter school.
On February 23, 1994, the School Board voted four to one to close Hyde Park Elementary and Spann Elementary schools. School Board members Warren Carere, Judy Weaver, Abel Tapia, and Dennis Flores voted for the school closures. Mary Lou Jackson voted against closing the schools. Consequently, the voting lines were the same as for the charter school.
The School Board last closed schools in 1982, when it closed six school buildings. Since that time, enrollment in the District has fallen 1,400 students, or approximately 7.4%. However, over the last five years, enrollments have been relatively stable. Projections indicate that by 1998-99, the enrollments will fall an additional 4.1%.
In September of 1989, the District applied to participate in the Colorado Association of School Boards ("CASB") lease purchase pooled financing program. CASB loaned $26 million to the District for capital expenditures. In 1991, the District spent approximately $450,000 on renovating and upgrading Hyde Park elementary school. In addition to placing a new roof on the building, the District added a music room, a computer room, converted a teachers' workroom into a classroom, and added a classroom. Among other capital projects, the District also spent funds remodeling Irving Elementary ($300,000), Fountain Elementary ($267,864), and built a new elementary school, Heritage ($3,320,444).
In July of 1991, the School Board approved a new strategic plan. In this plan, the District committed itself to autonomous, yet accountable schools operating within a decentralized environment. A goal of the plan was to further and support site-based decision making. As part of the strategic plan, the district appointed a task force, the Restructuring and Reallocation Task Force ("RRTF"), to review the administrative and operational functions of the District to further these ends. In its...
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