Selected Cases
Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 580 U.S. 386 (2017) (William Bethke authored brief with Lisa Scruggs for amici curiae Center for Special Education in Charter Schools and National Alliance for Public Charter Schools; United States Supreme Court articulated a clarified standard for a “free appropriate education” under federal special education law)
Martin v. Kansas, 190 F.3d 1120 (10th Cir. 1999) (William Bethke, Kristin A. Kutz, and Kevin Williams authored brief for amicus Colorado Cross-Disability Coalition; Tenth Circuit Court of Appeals found ADA claims not barred by Eleventh Amendment immunity)
Education ReEnvisioned BOCES v. Colorado Springs School District No. 11, 548 P.3d 669, 2024 CO 29 (William Bethke authored brief with Michelle Murphy for Colorado BOCES Association, et al; Supreme Court found attempted “end run” on Charter Schools Act through a general contracting statute improper and in excess of the authority of a Board of Cooperative Services)
Board of Education v. Booth, 984 P.2d 639 (Colo. 1999) (William Bethke authored brief for Crestone Charter School, et al., as amici curiae; Colorado Supreme Court upheld constitutionality of the appeals provision of the Charter School Act)
Martin v. Montezuma-Cortez Sch. Dist. RE-1, 841 P.2d 237 (Colo. 1992) (William Bethke responsible for historical and archival research, as well as briefing and argument in the court of appeals; Colorado Supreme Court found the 1915 Industrial Relations Act applicable to school districts, giving public school teachers a conditional right to strike)
State Board for Community Colleges and Occupational Education v. Olson, 687 P.2d 429 (Colo. 1984) (William Bethke authored brief with Larry F. Hobbs and argued the case for community college journalism professor; Colorado Supreme Court found professor had standing to assert the free press rights of student journalists whose newspaper was de-funded)
Denver v. Denver Firefighters Local No. 858, 663 P.2d 1032 (William Bethke on the brief with Larry F. Hobbs for amicus curiae Colorado Education Association; Colorado Supreme upheld the constitutionality of binding grievance arbitration)
Adams-Arapahoe School District, et. al v. Colorado Public Employees’ Retirement Association, 2025 Colo. App. LEXIS 1188 (William Bethke authored brief with Vesna Milojevic for amicus curiae Colorado League of Charter Schools; Court of Appeals found Colorado PERA had improperly promulgated a rule deeming all substitute teachers to be employees rather than contracted and thus requiring PERA coverage without proper Administrative Procedures Act notice and comment process)
Boulder Valley School District v. Colorado State Board of Education, 217 P.3d 918 (Colo. App. 2009) (William Bethke authored brief for amicus curiae Pinnacle Charter School; Colorado Court of Appeals rejected constitutional challenge to creation of the Colorado Charter School Institute)
El Centro de la Raza v. State, 192 Wn.2d 103 (Wash. 2018) (William Bethke authored amicus brief with Gregory Miller and Antony Dyl for amicus curiae National Association of Charter School Authorizers; Washington Supreme Court upheld revisions to the Washington Charter School Act against constitutional challenge)
Selected Pending Matters
As of April 1, 2026
Axl Academy. We argue that charter schools enjoy public-sector exemption from the Colorado Wage Claim Act following passage of a statute clarifying the public status of charter schools. Pending in the Colorado Division of Labor.
Battle Rock Charter School. We argue that both a charter school and charter school employee were entitled to protection from retaliatory behavior of school district officials for their exercise of free speech and “concerted activity” rights. Pending in the Colorado Division of Labor.
Two Rivers Community School. We argue that charter schools are able to provide free daily bus transportation to students across school district boundaries and that district efforts to end such busing misconstrues school-law statutes and violates the Colorado State Antitrust Act. Pending in Colorado district court.