Judge dismisses Colorado school districts’ universal kindergarten lawsuit

Four-year-olds from Colorado’s universal pre-K program dance on their first day of school at Denver’s Auraria Early Learning Center. (Ann Schimke, Chalkbeat)

A Denver district court judge on Wednesday dismissed a lawsuit filed by several Colorado school districts over that state’s universal pre-kindergarten program, ruling that the plaintiffs had no legal standing to bring the suit.

In his 20-page ruling, Judge Jon J. Olafson found that the six school districts, two educational groups, the Cooperative Education Services Board and two families that sued the state last year had not suffered any “harm” covered by state or federal law. The districts, groups and families argued that the administration of the universal kindergarten program harmed students with disabilities, among other claims.

The decision is a victory for the state and Gov. Jared Polis, who led the popular free pre-kindergarten program that launched last summer after a rushed and difficult planning process. It comes a month after the state won a partial victory in another common pre-kindergarten lawsuit — one brought by Catholic pre-kindergartens that refuse to enroll LGBTQ children. (The Catholic pre-kindergartens plan to appeal.)