City and County of Denver School District No. 1 in the State of Colorado and City and County of Denve — Eid, J…

Summary

Justice Eid concurs only in the judgment, reasoning more narrowly that the statutory provision requiring evidence of teacher consent does not expressly require a new innovation school to have teachers before submitting an innovation plan. She concludes that, for a school with no teachers, the relevant majority is zero and that adding a preexisting-teacher requirement would undermine the statute's flexibility purpose. Justice Gabriel, dissenting, would require pre-submission teacher and school-accountability-committee consent and would deny approval of the noncompliant plans.