Controversial Colorado school land amendment passes with concessions

Parents in a new community in Colorado say there was a "broken promise" from the community. Many say they moved to the Sterling Ranch because they were told there would be district-run neighborhood schools built for their children. But on Tuesday, a controversial proposed amendment sought to give some of that allocated land to charter schools instead.

The fast-growing community is in need of more schools. John Adams Academy, a liberty-based charter school that drew controversy, will be the first school to open there next year. Then in 2027, a Douglas County School District neighborhood elementary school will open.

Tuesday night, Douglas County commissioners approved an amendment to Sterling Ranch's school land dedication requirements. So many neighbors wanted to weigh in that public comment lasted for hours at the hearing.

Some parents spoke in support of charter schools and this amendment, but many others were vehemently against the change.

"They're bullies. They don't respect their oath," shouted Douglas County resident Katie Barrett.

Barrett was removed by Douglas County sheriff's deputies after standing holding a sign depicting the Statue of Liberty crying. Commissioner Abe Laydon warned her that signs were not allowed, but she didn't move, shouting, "why were signs allowed at the Zebulon hearing?" as she was escorted out.

"It represents our whole nation. The rule of law is being trampled," Barrett said.

It was a tense moment in the hearing on a proposed change to public school land in Sterling Ranch.

"I'm concerned about the closeness of the Smethills, the Sterling Ranch people, and the county commissioners. I feel like we are not getting equal justice, not being listened to, and I believe they forget that their boss is the people and not the developers," Barrett said.

Up until now, land for public neighborhood schools had to be allocated based on estimated student count. But Sterling Ranch proposed an amendment to instead allocate a flat total of 110 acres for all schools in Sterling Ranch, including charter schools like the in-construction John Adams Academy.

"I just felt glad to send my kids to the charter school, and I really have enjoyed everyone I've met, as far as faculty, potential faculty, the founders, everyone," said Mallory Milberger, Sterling Ranch mom who is hoping to send her child to John Adams Academy. "I liked their focus on classical education."

Supporters say charter schools are public schools, and the growing community needs schools.

"If the school district can't get their stuff together and both can do it in a timely manner that our community needs, then why not allow anything to be built in those spots allotted for schools. I don't see a problem with that," Milberger said.

Sterling Ranch representatives pointed out that it can take many years for funding to be secured for a public neighborhood school, and there have been recent cases in Douglas County where schools were never built on dedicated sites.

"Sterling Ranch Development Company supports all public education. Neighborhood schools and charter schools are public schools. Sterling Ranch needs schools to satisfy the needs of our growing community and to provide high-quality educational choices for the families within Sterling Ranch. As such, we are thrilled to add two new schools to Sterling Ranch this year with DCSD School 51 and John Adams Academy. The proposed Sterling Ranch PD amendment supports charter school equity while also providing additional land for district neighborhood schools. Sterling Ranch will continue to collaborate with Douglas County School District on building more public schools in our community," Brock Smethills, president of Sterling Ranch Development Company, said in a statement.

But some Sterling Ranch parents like Lenaya Dotseth say it's not what they were promised.

"Yeah, we have four kids, 7, 5, 4, and 2 (years old). And when we originally planned for our lives in Sterling Ranch, we had one- we toured the development, and they were like, 'this is where the school will be' talked about all of the different Douglas County Schools," Dotseth said.

The amendment would have left just 60 acres for future school dedications and allowed Sterling Ranch to pay cash-in-lieu of dedicating public school land if the school district does not have funding secured, a 5-year capital plan, or the ability to show immediate need at the time of final plat. Under current rules, cash-in-lieu is allowed but only as a fallback when land dedication is impractical.

"This amendment passing could take away our choice for having a public neighborhood middle and high school," Dotseth said.

"We want public schools, all public schools, and if the district does not have resources to build public schools within a reasonable timeline of our community, charters are viable option," Smethills said in the meeting. "All we are asking for is to build public schools and that is the intention of this PD amendment."

The Douglas County School District opposed the amendment, saying it would undermine public school access for Sterling Ranch as proposed.

"We cannot support this proposal as it stands. It has nothing to do with charters and neighborhood schools and has to do with ensuring the Sterling Ranch community has schools for the future, including a high school, middle school site, and an additional elementary school site," Douglas County School Superintendent Erin Kane said during public comment. "I respectfully ask you to delay or withdraw this amendment at this time."

Ultimately, Sterling Ranch offered a compromise, 125 acres instead of 110, which would leave 80 acres for a neighborhood middle and high school north of Titan Road. They offered another concession: that the fee in lieu will not be requested for the middle and high school site, so the district can try to secure financing until an appropriate buildout of the community.

With concessions, the amendment passed unanimously.

Douglas County School District shared the following comment with CBS Colorado:

"We are disappointed that a land use issue where the district's primary concern is ensuring that sufficient land for future schools is set aside turned into a debate about charter schools. Twenty-five percent of our students attend public charter schools and we honor those family choices and appreciate all of our amazing schools, neighborhood and charter.

"It was also disappointing that the County Commissioners denied the school district the opportunity to testify as a referral agency and a community partner. The School District's priority remains the best interest of our students (current and future) and our community.

"We will continue to work with Sterling Ranch and the County on solutions that benefit our entire community and we believe some progress is being made in that regard."

In response to several questions about the hearing and resident's concerns, Smethills told CBS Colorado:

"The preference would be for the school district to secure financing for district schools; however, if that doesn't occur a charter should be able to get the site in order to build a public school. … The amendment effectively agrees to the existing acreage amount that DCSD is requesting. The concern from our homeowners is tied to DCSD's interpretation of the amendment and projecting worst case scenarios. Per the concession given at the hearing, those worst case scenarios are not going to happen. … As was stated during the hearing the intent was never to not build neighborhood schools, but rather to offer it to the school district to build on first, and if they are unsuccessful in convincing the electorate to incur debt or raise taxes, then the site would be offered to a charter school, then if neither was viable the land could be paid for as a fee in lieu, but our strong preference is to build schools on these sites."