The U.S. Department of Education's Office for Civil Rights has launched an investigation into Denver Public Schools (DPS) following complaints that the district has been using race as a factor in decision-making processes, potentially violating the U.S. Constitution.

The allegations were first reported by the Denver Gazette and have been filed by the conservative nonprofit organization Mountain States Legal Foundation, based in Lakewood.

According to Mountain States Legal Foundation, DPS is accused of engaging in discriminatory practices in two specific instances.

The first complaint centers around the creation of a committee tasked with reviewing disciplinary procedures. The foundation claims that DPS selected committee members based on their race, citing a text message from a former board member as evidence. The message purportedly stated that the district aimed to align the committee with the racial makeup of its student body, which is approximately 75% students of color.

The second complaint alleges that DPS uses students' race as a determining factor in the selection process for the district's advanced math program for fourth graders. Mountain States Legal Foundation argues that the threshold for students of color is lower than that for white students, suggesting a disparity in the treatment and opportunities provided based on race.

William Trachman, representing Mountain States Legal Foundation, expressed concern over what he perceives as an unhealthy preoccupation with race within DPS.

Trachman stated, "DPS is obsessed with race, and they're obsessed with skin color. And they just can't help themselves, it looks like." He hopes that the Office for Civil Rights will intervene and remind DPS of its obligation to adhere to federal civil rights laws, just like any other entity.

In response to the allegations, DPS has maintained that its equity work is guided by the Department of Justice (DOJ). The district claims to follow DOJ guidance in all aspects of its operations, including equity initiatives in public schools.

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A written statement from DPS, obtained by KDVR, asserts, "Denver Public Schools operates under Department of Justice guidance in regard to equity work. The DOJ has issued guidance to guide equity work in public schools, and everything we do in Denver Public Schools is aligned to that Department of Justice guidance."

As the investigation progresses, the focus will be on determining whether DPS has indeed utilized race as a deciding factor in committee appointments and program admissions.