A well-known conservative legal organization seeking a test case on the use of public funds for religious schools was behind the establishment of what is being touted as Colorado’s “first public Christian school,” as per an email obtained by Chalkbeat.
In the email dated June 4, Brad Miller, the attorney for Pueblo County School District 70, reached out to the school board and superintendent to request permission for a public education cooperative, which he also represents, to open a school with approximately 30 students within the district’s boundaries.
Miller stated that the cooperative would collaborate with Alliance Defending Freedom, a group based in Arizona known for its involvement in conservative legal matters, to explore the legalities surrounding the provision of religious education by public schools.
On June 24, the school board approved the establishment of Riverstone Academy, allowing it to operate within the district’s boundaries for a period of five years. In August, the school, which emphasizes a “Christian foundation” and curriculum, quietly commenced operations in an industrial area in Pueblo County with around 30 elementary students.
In the June email, Miller indicated that Alliance Defending Freedom had hosted him during the Supreme Court’s deliberations on whether a Catholic charter school could be established in Oklahoma.
“The case resulted in a tie vote, so the question remained unanswered,” Miller wrote. “ADF approached me to explore the possibility of initiating a similar case in Colorado.”
Miller downplayed Pueblo 70’s involvement in the process in the email.
“We anticipate that this will attract significant public attention at some point,” he stated. “However, the district will not be directly involved.”
Both Miller and Alliance Defending Freedom declined to comment when approached by Chalkbeat. Quin Friberg, the executive director of Riverstone, also did not respond to inquiries.
Colorado Contemplates Withholding Public Funding
Friberg and Riverstone’s authorizer, Education reEnvisioned Board of Cooperative Education Services (ERBOCES), have asserted that the school provides high-quality educational programming that is in demand within the community. Ken Witt, the executive director of ERBOCES, argued that prior Supreme Court rulings mandate Colorado to fund the school on par with other public schools, despite a state constitutional prohibition on public funding for religious institutions.
The June 4 email suggests that Miller was aware of and had informed Pueblo 70 board members that Riverstone would be pushing the boundaries of the separation of church and state. It also indicates that the school’s establishment is part of a broader legal strategy to expand public funding for religious education following the Oklahoma Catholic charter school case.
Alliance Defending Freedom, which describes its mission as rooted in the Christian tradition, has been involved in numerous successful Supreme Court cases, including the Trinity Lutheran case, which paved the way for expanded public funding for religious private schools. The organization subsequently advocated for public funding for religious charter schools.
Following the deadlock in the Oklahoma Catholic charter case, it was expected that a new test case would emerge. The proposed establishment of a Jewish charter school in Oklahoma could reignite similar legal debates.
Riverstone Academy could serve as another test case in this context.
In October, Colorado education officials cautioned ERBOCES, the school authorizer, that the state might withhold public funding from Riverstone. If the state proceeds with this action and the school or ERBOCES decide to litigate, it could set the stage for the legal test case referenced in Miller’s email.
When asked by Chalkbeat in October if the opening of Riverstone was intended to spark a legal test case, Witt stated, “If a legal battle is necessary, we will address it at that time.”
Witt mentioned via email on Monday that he had not seen Miller’s June email to Pueblo 70 officials, but he expressed admiration for the work of Alliance Defending Freedom.
“Education reEnvisioned would welcome their support in any related legal matters, although there are none at present,” he added.
Religious Affiliation Not Discussed During Approval
Most public officials involved in Riverstone’s establishment did not respond to Chalkbeat’s requests for comment on Miller’s email. Miller promptly ended the call when contacted by Chalkbeat on Monday and did not reply to a follow-up email. He represents several Colorado school districts with conservative stances on various cultural issues.
Lis Richard, the president of the ERBOCES board, and Pueblo 70 Superintendent Ronda Rein, as well as school board members A.J. Wilson, John Christenson, Cathleen Culhane Howland, and Chris DeLuca, did not respond to Chalkbeat’s messages.
The approval of Riverstone was solely decided by Pueblo 70’s school board. While BOCES like Education reEnvisioned have the authority to establish public schools under state law, they must obtain consent from the host school district if it is not a member of the BOCES. Pueblo 70 is not affiliated with ERBOCES.
According to board meeting minutes, the five members of the ERBOCES board, who are appointed rather than elected, also voted in favor of approving the school.
During two June school board meetings where Pueblo 70 considered permitting Riverstone’s establishment within the district, neither board members nor Rein mentioned the school’s religious nature or its potential legal implications.
The school’s religious ties were not widely acknowledged until Witt, the ERBOCES leader, publicly announced in October that Riverstone was Colorado’s first public Christian school.
Following this revelation, Pueblo 70 school board president Anne Ochs admitted to Chalkbeat that she was unaware of the school’s religious affiliation when she voted in favor of its approval. The next day, she stated that while she knew the school intended to utilize Christian curriculum, she did not consider it a religious school.
When Miller sent his email on June 4 to the Pueblo 70 school board, an email exchange obtained by Chalkbeat showed that Ochs responded to Miller within four minutes, expressing gratitude for the information and indicating that it would be discussed at the upcoming board meeting.
Ochs began working with Education reEnvisioned BOCES in July, shortly after the board’s decision on Riverstone. When asked about Miller’s email and her response, Ochs emphasized that she acts in accordance with her constituents’ wishes as an elected official.
This article was originally featured on Chalkbeat, a non-profit news platform covering educational developments in public schools. Subscribe to their newsletters at ckbe.at/newsletters
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