DENVER -- A controversial meeting to decide the fate of six low-performing schools turned out to be even more so when a longtime DPS board member was told she couldn't take part in the meeting because her replacement had already been sworn in.

Michelle Moss said she was looking forward to casting her last votes as a board member but was stunned to learn that Andrea Merida took the oath of office at the city and county building earlier in the day.

Merida and fellow newly elected board members Nate Easley and Mary Seawell had been scheduled to take the oath after the outgoing board's final meeting.

"I spoke to a lawyer who told me that I was elected and had the right to be sworn in," Merida said.

Attorney Mark Grueskin of Isaacson Rosenbaum told Merida in a letter, that all members elected on Nov. 3 are entitled to be members of the Denver School Board effective (Monday).

Merida said she took the oath early so she could have a say on the proposed turnaround of Lake Middle School.

DPS officials recommended that Lake continue its International Baccalaureate program on a smaller scale and that the facility become a shared campus with West Denver Prep School III.

Merida and her supporters wanted to delay the decision on Lake.

Moss's supporters said change is needed now because Lake is the lowest performing middle or high school in DPS.

So who gets to vote? Board members who attended dozens of meetings in the affected communities, or newly elected board members who were voted into office to make changes?

"Courts that have looked at a scenario like this one have -- to put it mildly -- frowned on the last-ditch exercise of authority," Grueskin wrote.

But former state representative Fran Coleman said, "Look at the precedent ... The board has been voting on these issues in November for years."

Outgoing board president Theresa Pena told 7NEWS that, "What happened tonight was disrespectful."

"This (existing) board has been working on transforming schools for three years. We could have made the decision in October and probably should have, but in deference to the community that wanted more time, we delayed it," Pena said.

In the end, the board voted to proceed with the planned changes at Lake Middle School.

Board members also voted to close Philips Elementary and to allow Odyssey Charter School to move into the building.

"The key here is to get high performing options for those parents and those parents are guaranteed spots in one of the high performing district-run schools in that area,' said DPS Superintendent Tom Boasberg.

But some education advocates say DPS is too focused on the charter school option.

"Really, charter schools are taking money out of DPS and that's a concern of mine," said Eloise Smith, a Denver resident who frequently attends board meetings.

Another advocate, Guerin Green, said the board was engaging parents after decisions had been made instead of letting them help formulate the proposals.

"It just leads to failure," Green said.

Boasberg said there have been dozens of meetings throughout the city and that district officials have modified proposals based on input from those meetings.

The superintendent added, "The question is, are we going to take the steps necessary to really address the areas where our kids are not performing?"