Two parents in Cheyenne, Wyoming, are suing the state over its plan to shutter eight elementary schools and divide the city’s students across bigger and more distant schools in the coming years.
Katherine Dijkstal and Franz Fuchs, each on behalf of their respective children, is suing the Wyoming School Facilities Commission, State Construction Department and the state itself in Laramie County District Court over a plan to shutter eight Cheyenne elementary schools.
The school district and state departments involved “all refuse to take accountability for this unprecedented study and subsequent decision,” said Dijkstal in a statement released Thursday. “Now families are forced to take this action to protect the rights of our students. It’s no wonder no one wants to take responsibility for this decision, which will irreparably harm students, families and the Cheyenne community.”
The lawsuit, filed last week, alleges the commission’s decision was arbitrary and capricious, exceeded its authority by forcing school closures, and failed to adhere to proper procedures. The families argue that these closures jeopardize students’ constitutional right to an equal and quality education.
Wyoming Attorney General Bridget Hill, whose office will defend the state in this case, declined Thursday to comment. She cited her longstanding policy of not commenting on pending litigation.
Bought Houses Here
The Cheyenne parents who are suing have kids ranging from 1-6 years of age. They bought property near Jessup Elementary School, one of the eight slated to close over the coming years, so that their children could attend and walk to that school.
Closing that school will drive their property values down, the lawsuit complaint argues.
The controversy erupted when the Laramie County School District 1 board was contemplating the plan in October. That was after the School Facilities Commission adopted a “most cost effective remedy” (MCER) study that offered five remedies for saving money while upgrading schools.
The commission adopted remedy four, which calls for the closures.
The State Construction Department also made changes to the MCER in November, without giving enough time for the public to review it, the complaint alleges.
The filing claims that change added construction costs but failed to include associated benefits to “skew” the plan toward the closures.
The parents are asking the Laramie County District Court to declare the administrative action arbitrary, capricious and illegal. They’re invoking Wyomingites’ constitutional right to an equal and quality education — a right contoured by a series of school district lawsuits since the 1990s.
The parents are asking the court to set aside the commission’s adoption of the closure plan and to grant any other relief necessary to protect their interests.
Clair McFarland can be reached at clair@cowboystatedaily.com.
