This story was originally published by Chalkbeat.
DENVER | An education group that last year authorized “Colorado’s first public Christian school” soon will dissolve, following a Monday night vote by a key member institution.
The school board in School District 49 unanimously approved the dissolution of Education reEnvisioned Board of Cooperative Educational Services, or ERBOCES.
Monday’s vote represents a major turnabout from two months ago, when the District 49 board briefly considered dropping out of the co-op but opted to stay another year. After 13 years of existence, ERBOCES leaves a legacy of school choice advocacy and a long string of controversies.
The change of fortune for ERBOCES comes after growing scrutiny by state education officials, who this month cracked down on the co-op over what they said was an improperly constituted board, invalid contracts, and misspent state money.
In addition to launching the “public Christian school,” called Riverstone Academy, ERBOCES has created dozens of publicly funded homeschool enrichment programs in the last few years. The flood of programs, including some that paid for ski passes and sports camps and others that subsidized private schools, drew the ire of state lawmakers last spring.
ERBOCES is one of 21 such public education co-ops in Colorado. Most are composed of several school districts that band together to provide services such as special education. ERBOCES has operated differently, opening schools and programs that serve students across the state.
About a dozen parents, students, and homeschool program providers spoke at Monday’s meeting, with several urging the board to help homeschool enrichment programs that are now in limbo and prevent students from being “collateral damage.” Others said dissolving ERBOCES will help the district avoid reputational damage, legal fees, and fines that might come with staying in the co-op.
ERBOCES’ dissolution, which will take place over the coming school year, means the group can no longer authorize any schools or programs. During the wind-down process, the five-member District 49 board will take over as the co-op’s governing body and the district’s business office will assume financial oversight.
ERBOCES will no longer be led by an executive director as of Sept. 15, according to the resolution approved Monday.
In addition, District 49 will become the authorizer during the 2026-27 school year of six online schools previously authorized by ERBOCES: Williamsburg Academy, Pikes Peak Online School, Summit Connections Academy, and an elementary, middle, and high school all under the Colorado Preparatory Academy brand.
Less clear is the fate of ERBOCES’ homeschool enrichment programs, which last year enrolled more than 8,000 students, most in one-day-a-week classes. Some closed this summer but more than 40 are up for approval by the state.
According to Monday’s resolution, District 49 will not take on those programs. State officials are expected to release more information this week.
Different perspectives on ERBOCES
While District 49 board members all voted for the resolution Monday, they had different perspectives on what brought the problem to a head this summer.
Board member Mike Heil urged the audience to remember that ERBOCES officials were the decision-makers who were “testing the law and finally got caught at it.”
“We know for fact now, as more evidence has come forward, that some of these homeschool enrichment programs were essentially subsidizing private religious schools, and you can’t do that with public money,” he said.
Board President Marie LaVere-Wright said publicly funded homeschool enrichment has been “highly, highly, highly unregulated” in Colorado because the original law that allowed it was broad and vague.
“That doesn’t mean anybody … did something illegal necessarily because they operated in an unregulated environment,” she said.
LaVere-Wright, who helped start ERBOCES and previously served on its board, described the group’s dissolution as an awful situation, but said it’s the right thing to do.
Board member Lori Thompson, who recently joined the ERBOCES board, said the group has done incredible things.
“Was every step correct?” she said. “Anyone can be a Monday morning quarterback, but I am proud of ERBOCES.”
Constant controversies prompted state concerns
The demise of ERBOCES comes after a stream of controversies last school year. Those include revelations that the co-op launched Riverstone Academy at the behest of a conservative law firm to spark a lawsuit over the question of public funding for religious schools. ERBOCES filed a religious liberty lawsuit against the state in February, but the case fizzled when Riverstone closed permanently in June.
ERBOCES has also drawn criticism because, for years, some of its board members have been ineligible under state law. Also, the co-op has often used contractors and subcontractors that effectively shield its programs from state oversight and public scrutiny.
State lawmakers addressed some concerns about ERBOCES last spring by putting strict new limits on how and where such co-ops can authorize schools and programs. But the ongoing tumult seemed to be wearing on the group’s three members and it appeared member defections might tank ERBOCES this summer.
State law requires such co-ops to have at least two member institutions, and one must be a school district.
The Elizabeth School District dropped out of ERBOCES in June. District 49 considered it but opted not to. The third member, Pikes Peak State College, announced that it would leave the group in mid-August.
As that deadline neared, Colorado Education Commissioner Susana Córdova urged ERBOCES to dissolve. She also chastised the group over another emerging controversy: The co-op’s plan to lend a Woodland Park charter school $3 million.
But a week before Pikes Peak was set to withdraw, ERBOCES officials unearthed an old agreement that required more notice and the college agreed to stay till next summer.
For a few days it seemed that ERBOCES would be able to stay open. But on Aug. 13., Córdova threw the book at ERBOCES. In a second letter urging the co-op to dissolve, she suggested that Pikes Peak State College never legally joined and that many of the group’s contracts are void because its board has been improperly constituted for years.
She also ordered ERBOCES to immediately repay the state for funding provided to Riverstone Academy, citing a recent court decision.
That night, District 49 Superintendent Peter Hilts recommended to his school board that ERBOCES be dissolved and Monday’s vote was quickly scheduled.
Ann Schimke is a senior reporter at Chalkbeat. Contact Ann at aschimke@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.