A Pueblo elementary school, identified as Colorado’s first public Christian school, has initiated legal action against state officials over a ban on public funding for religious schools. This lawsuit, filed in federal district court on February 13, 2024, targets ten leaders within the Colorado education system, including Education Commissioner Susana Córdoba.
Riverstone Academy, alongside its authorizer, the Education reEnvisioned Board of Cooperative Educational Services (ERBOCES), argues that the state’s restrictions amount to religious discrimination. Currently receiving state educational funding, Riverstone fears that this financial support could be revoked, which would jeopardize the school’s existence and create significant challenges for ERBOCES.
Opened in August 2023 with an initial enrollment of approximately 30 students from kindergarten to fifth grade, Riverstone Academy has positioned itself as an institution offering a “Christian foundation.” However, internal emails obtained by Chalkbeat indicate that the school was established at the urging of a conservative law firm aiming to provoke a legal challenge that could escalate to the U.S. Supreme Court.
The legal action comes at a time when the exact location of Riverstone remains unclear. The school’s premises, a former office situated in an industrial zone, were closed in January following local health and safety violations. Although school officials have indicated they are operating from a temporary site, they have not disclosed its specific location.
The lawsuit seeks a court order preventing Colorado officials from withdrawing Riverstone’s funding and declares certain provisions of the Colorado Constitution as violations of the U.S. Constitution.
The defendants in the case include members of the Colorado State Board of Education, prompting a spokesperson for the Colorado Department of Education to state, “While we are working closely with our legal counsel, we are not able to discuss pending litigation.”
Legal representation for Riverstone and ERBOCES comes from four law firms, excluding the Alliance Defending Freedom, which initially sought a test case. The firms involved include First & Fourteenth, First Liberty Institute, Dechert, and Miller Farmer Carlson Law, led by attorney Brad Miller.
The contention between Riverstone and state officials intensified following a letter from the Colorado Department of Education to Ken Witt, head of ERBOCES, suggesting that Riverstone might not qualify for public funding. The letter emphasized that public schools must generally be nonsectarian, citing both state and federal constitutional provisions.
Despite this warning, Riverstone continues to receive funding while awaiting the outcome of an audit, expected to conclude in early 2027. The Colorado Department of Education is currently auditing multiple school districts and BOCES, including ERBOCES.
The lawsuit highlights the tension surrounding the state’s interpretation of the law, acknowledging that while the October letter accurately reflects Colorado law, it claims that the law infringes upon the First Amendment’s free exercise clause. It challenges a provision in the Colorado Constitution that prohibits public funds from being allocated to religious purposes, often referred to as a “Blaine Amendment.” This provision, the lawsuit argues, was adopted with hostility toward specific religious denominations, violating the Free Exercise Clause.
Additionally, the lawsuit invokes the 14th Amendment’s equal protection guarantee and the First Amendment’s establishment clause, which prohibits government preference for any specific religion.
Riverstone Academy was authorized by ERBOCES last summer and operates under a nonprofit called Forging Education. The school’s leadership, including local pastor Quin Friberg, has presented conflicting descriptions of Riverstone’s status, labeling it as a public school on its website while categorizing it as a private institution in other documentation. In response to inquiries from Chalkbeat, Friberg asserted that Forging Education does not qualify as a public entity under the Colorado Open Records Act.
As the case progresses, the implications of this lawsuit extend beyond Riverstone Academy, potentially affecting educational policies related to religious institutions across the state and the nation.