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The authorizer of Riverstone Academy, a controversial “public Christian school” in southern Colorado, has agreed to pay the parents of a student $20,000 to settle a special education complaint filed by the family last fall.
Many details of the family’s complaint and the settlement are unclear because privacy laws shield key documents and information from the public.
The highly redacted settlement agreement shows that the $20,000 payout is meant to cover “compensatory services” for the student at the center of the complaint. In general, compensatory services are makeup special education services that school systems must pay for, sometimes in response to a complaint or lawsuit.
Riverstone’s authorizer, Education reEnvisioned Board of Cooperative Educational Services, or ERBOCES, will pay the family in three installments over the next 10 months, according to a copy of the settlement agreement obtained by Chalkbeat through a public records request. ERBOCES is one of 21 publicly funded education co-ops in Colorado.
The $20,000 settlement is the latest bump in the tumultuous life of Riverstone, which was launched last summer at the behest of a conservative law firm in order to spark a lawsuit on the question of public funding for religious schools, according to emails obtained by Chalkbeat.
Riverstone opened quietly in August with about 30 kindergarten through fifth grade students. By late January, Pueblo County officials forced school officials to close Riverstone’s building — a former office in an industrial area — because of ongoing health and safety violations.
The school is now operating out of a temporary location that school officials won’t reveal.
In February, Riverstone and ERBOCES sued the state, alleging religious discrimination over the possibility that the state could withhold public funding from the school following an audit underway now.
As part of the $20,000 settlement, ERBOCES will be required to provide training to Riverstone, the agreement says. Information about the type of training is redacted.
The settlement also specifies that ERBOCES denies the family’s allegations and that the parents agree not to sue ERBOCES over the claims made in the settlement.
Finally, the agreement stipulates that ERBOCES and the family can’t publicly disclose the settlement terms. In response to inquiries, “Parties agree that they will limit any verbal or written response to the following: ‘This matter has been settled by agreement, and no further comment can be made,’” the agreement states.
The agreement was signed on ERBOCES’ behalf by Suzanne Romero, who is listed on the group’s website as director of special education and full-time programs. The signing date was redacted.
Minutes from the Jan. 15 meeting of the five-member Riverstone Academy board shed some light on the decision to settle the family’s complaint.
Under a heading titled “Mediation Update,” the partially redacted minutes indicate that without a settlement, there could be “continued litigation.” It also said Riverstone’s lawyer recommended settling based on “Public relations impact” and “Cost, risk and likelihood of success.”
In response to a public records request from Chalkbeat, Colorado Department of Education officials said they could not provide any complaint or the results of any investigation because special education complaints and findings are confidential under state law.
Ann Schimke is a senior reporter at Chalkbeat, covering early childhood issues and early literacy. Contact Ann at aschimke@chalkbeat.org.
