ERBOCES v. Colorado Springs School District 11.

2024 CO 29. No. 22SC940. Education—Statutory Interpretation.

May 20, 2024

In this case, the Supreme Court was asked to decide whether a board of cooperative education services (BOCES)—a “regional educational service unit designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members,” CRS § 22-5-103(2)—may locate a school within the geographic boundaries of a nonmember school district without the consent of that district.

Specifically, the Court granted certiorari to consider whether (1) a division of the court of appeals erred in concluding that the plain language of CRS § 22-5-111(2) prohibits a BOCES from locating a school within the geographic boundaries of a nonmember school district without its consent; and (2) article IX, § 15 of the Colorado Constitution prohibits a BOCES from doing so.

The Court concluded that the division properly determined that § 22-5-111(2) prohibits a BOCES from locating a school within the geographic boundaries of a nonmember school district without its consent. In light of this conclusion, the Court did not need to decide whether article IX, § 15 of the Colorado Constitution effects the same prohibition.

Accordingly, the Court affirmed the judgment of the division below.