On March 15, 2018, the NLRB’s Board in Washington, DC, issued a unanimous opinion deciding the NLRB does not have jurisdiction over Texas charter schools. Tommy Fuller represented the Texas charter school in a challenge to NLRB jurisdiction. This decision not only frees Texas charter schools from the constraints of NLRB regulation, but it also stands as the first time the NLRB has ruled a charter school is not subject to its jurisdiction. The Board had previously ruled in three cases that charter schools of other states were within its jurisdiction. This case sets a national precedent for charter schools in all states: if charter schools do not want to be subject to NLRB jurisdiction, they should urge their state legislatures to pass laws similar to Texas, which provide a public official with the authority to remove board members of the charter schools if the school violates laws. The Board’s decision can be read here: NLRB Decision.

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