Denver Public Schools under fire: Legal twist could force transparency in school debt strategy

By Nicole C. Brambila | Denver Gazette

After arguing in court filings that its lease-financing structure is legal because a nonprofit organization — not the district — incurred the debt without voter approval, Denver Public Schools now contends the same corporation is a “public entity” entitled to governmental immunity from lawsuits.

The contradiction is more than semantics.

If the Denver School Facilities Leasing Corporation (DSFLC) is deemed a public entity, it would be subject to Colorado’s open records and public meetings laws, an attorney and a watch dog group said.

DPS has denied a public information request for documents in the corporation’s possession, suggesting district officials, despite their legal arguments, recognize DSFLC as a private organization.

Scott Pribble, a DPS spokesperson, echoed the points raised by the district’s legal team but did not explain why The Denver Gazette’s Colorado Open Records Act request was denied — particularly in light of the district’s position that Leasing Corporation is a public entity.

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