A Denver judge has denied a temporary restraining order brought by Beacon Innovation Zone against Denver Public Schools.

The restraining order was requested to keep DPS from breaking up the innovation zone while it appeals to the state Board of Education.

Judge Mark T. Bailey found there was no immediate need for a temporary restraining order because the Beacon Network missed an April 28 deadline to submit its revised plans to DPS, without any adverse action.

An evidentiary hearing was held on May 12.

“Beacon has not made a strong showing that a temporary restraining order is necessary to prevent immediate and irreparable harm to Beacon or its constituents,” Bailey wrote in his May 16 order.

Bailey also argued in his denial that DPS is unlikely to make any decisions about the innovation zone before June 8, the board’s next meeting.

Beacon officials anticipate a state review before July 2.

DPS officials – who previously declined to comment citing the pending litigation – did not immediately respond to a Denver Gazette inquiry Wednesday.

On April 10, the DPS Board of Education, in a split vote, revoked the status of Beacon’s Innovation Zone over low test scores and concerns over its organizational health.

In the first test of a new Colorado law, the Beacon Network Schools’ Zone Board of Directors appealed the decision to the state for a non-binding review earlier this month, contesting the revocation as illegal.

State law does not permit the state to override the DPS board. But the DPS board will have to ratify or reject the state’s decision.

The complaint requested a preliminary injunction and temporary restraining order against DPS.

A preliminary injunction hearing is expected on June 6.

In 2008, policymakers passed the Innovation Schools Act, in response to public school and district leaders who sought a more autonomous structure similar to charter schools, which enjoy advantages not available to traditional schools.

Any public school under the law can request to become an innovation school from its local school board to implement more flexible programs to meet student needs. Groups of innovation schools may apply to operate as an “Innovation School Zone” – or iZone – which function under a separate governing board.

The Beacon iZone was created in 2018. It is one of three iZones across the district. DPS has about 50 innovation schools, including Kepner Beacon and Grant Beacon middle schools.

The Innovation Schools Act does not require an existing zone plan be renewed, but rather provides for a district review every three years to determine whether a school or iZone is “making adequate progress toward achieving the academic performance” identified in the plan.