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EDUC. REENVISIONED v. COLO. SPRINGS SCHOOL

Court of Appeals No. 21CA0708.

524 P.3d 324 (2022)

2022 COA 128M

EDUCATION REENVISIONED BOCES, Plaintiff-Appellee, v. COLORADO SPRINGS SCHOOL DISTRICT 11, Defendant and Third-Party Plaintiff-Appellant, v. Colorado Literacy and Learning Center, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

As Modified December 8, 2022.

Attorney(s) appearing for the Case

Sparks Willson, P.C., Eric V. Hall , Julie B. Petersen , Colorado Springs, Colorado, for Plaintiff-Appellee and Third-Party Defendant-Appellee

Bryan Cave Leighton Paisner LLP, Brent E. Rychener , Deborah S. Menkins , Suzanna A. Crespo , Colorado Springs, Colorado, for Defendant and Third-Party Plaintiff-Appellant

KUTZ & Bethke LLC, William B. Bethke , Lakewood, Colorado, for Amicus Curiae Colorado BOCES Association, Colorado Rural Schools Alliance, Colorado Association of School Boards, and Colorado Association of School Executives

Nussbaum Speir Gleason PLLC, Ian Speir , Andrew Nussbaum , Colorado Springs, Colorado, for Amicus Curiae Independence Institute

Kris Gomez , Erik G. Bradberry , Denver, Colorado, for Amicus Curiae Colorado Education Association

Philip J. Weiser , Attorney General, Julie C. Tolleson , First Assistant Attorney General, Joseph A. Peters , Senior Assistant Attorney General, Denver, Colorado, for Amicus Curiae Colorado State Board of Education

Daniel E. Burrows , Lakewood, Colorado, for Amici Curiae Jacqueline Gatlin and Danielle Babb

¶ 1 In this action under the Boards of Cooperative Services Act of 1965 (the BOCES Act), we are asked to decide whether the General Assembly intended to allow school district cooperatives to open and operate schools within the geographic boundaries of nonmember school districts that do not

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