Colorado’s ‘first public Christian school’ drops religious discrimination lawsuit against state

“Sign up for Chalkbeat Colorado’s free daily newsletter to get the latest reporting from us, plus curated news from other Colorado outlets, delivered to your inbox. A southern Colorado elementary school that backers have called “Colorado’s first public Christian school” has dropped its religious discrimination lawsuit against the state less than four months after filing it. Riverstone Academy, along with its authorizer, a public education co-op that’s also a plaintiff in the case, filed a motion to dismiss the lawsuit Friday. The case was terminated by a federal district court Monday. Michael Francisco, a lawyer representing the co-op, said by email Monday that changes to state law made the case moot. Earlier this month, Colorado lawmakers put limits on how and where public education co-ops can run schools. Riverstone no longer fits within those parameters, which means the school could be forced to close. The lawsuit termination marks the end of what the school’s backers originally hoped would be a high profile case that could eventually be heard by the conservative-leaning U.S. Supreme Court and pave the way for religious schools in the public education system. Similar legal efforts continue to unfold in other states, including one involving a proposed Jewish charter school in Oklahoma . Riverstone received state funding this year, but the Colorado Department of Education warned last fall that the school might not be eligible for public education funding because of its religious nature. The department is currently conducting an audit of Riverstone’s authorizer — Education reEnvisioned Board of Cooperative Educational Services, or ERBOCES — and could eventually claw back funding given to Riverstone. The school argued in its lawsuit that the possible clawback violated the First Amendment’s free exercise clause by forcing Riverstone to choose between exercising its religious beliefs and continuing as a publicly funded school. The lawsuit’s end comes after a tumultuous year for Riverstone, which bills itself as a public elementary school that offers a Christian foundation.The 30-student school opened quietly last August in an industrial area of Pueblo County. It burst into public view two months later when the leader of the group that authorized the school described it as “Colorado’s first public Christian school” at an October school board meeting. Soon after, county officials cited the school for numerous health and safety violations after learning that school officials had skipped routine steps when opening the building. By late January, the county ordered the school to vacate its building and Riverstone officials complied , moving students to a local church. Two weeks later, in mid-February, Riverstone and ERBOCES sued the state . State officials responded to the lawsuit by saying it was filed prematurely and that the plaintiffs face no “imminent harm.” They said the state won’t make a final decision about recovering the money until they finish the audit of ERBOCES in 2027. These co-ops are meant to support school districts. This one started Colorado’s ‘first public Christian school.’ The state also argued that Riverstone Academy doesn’t have a valid contract with ERBOCES — and therefore no standing to sue — because the five-member ERBOCES board was not properly constituted when it approved the Riverstone contract last summer. Under state law, such co-op boards are required to have board members or administrators from each BOCES member institution. But last summer, ERBOCES had only one board member from one of its three member institutions. The ongoing controversy over Riverstone, along with the explosion of homeschool enrichment programs authorized by ERBOCES, spurred lawmakers to put new guardrails on such co-ops in the last days of the legislative session this month. They allow the co-ops to authorize schools and programs only in their member school districts and clarify that school districts and BOCES can’t authorize brick and mortar schools that are entirely run by contractors. The new limits will effectively put ERBOCES at odds with state law. That’s because Riverstone is located outside of ERBOCES’ two member school districts and is run by a contractor. Quin Friberg, the executive director of Riverstone Academy and its contractor, Forging Education, did not respond to questions about whether the school will close. When asked if Riverstone will be forced to close this summer, a spokesman for the Colorado Department of Education said by email Monday that officials are reviewing the implementation and implications of the state law changes. At least one lawsuit revolving around Riverstone is ongoing. That one, filed in Pueblo County District Court by three school board candidates in March , alleges a pattern of open meetings violations that started last summer when the Pueblo 70 school board voted to allow Riverstone to open within district boundaries. Ann Schimke is a senior reporter at Chalkbeat. Contact Ann at aschimke@chalkbeat.org .

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