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.
As I come to the end of my studies in my graduate degree program in Strategy and Innovation at the University of Oxford, I have created a project to study the options available to charter schools looking to expand or build new facilities. The study will look into the current options available to charter schools (leases, bond financing, and traditional lending) and consider which options work best for certain types of schools. The study will also consider whether other options are available. I look forward to posting updates on these findings.
Tommy Fuller prepared and filed an amicus curiae brief in the Texas Supreme Court on behalf of the Texas Charter Schools Association on January 5, 2018 in the case of American Youthworks, et al vs. TEA and Mike Morath. In this case, TCSA challenges the actions of the Commissioner of Education, Mike Morath, in closing charter schools without providing meaningful due process and a hearing prior to making the final decision on closure. A write-up by TCSA can be found here, and a copy of the brief can be found here.
Tommy Fuller prepared and filed an amicus curiae brief with the Fifth Circuit federal court of appeals in New Orleans on behalf of the Texas Charter Schools Association and the Louisiana Association of Public Charter Schools. In this case, a Louisiana charter school is challenging the NLRB’s assertion of jurisdiction over it. A judge in Texas had ruled a few months previously that Texas charter schools are not subject to the NLRB’s jurisdiction. TCSA and the LAPCS wanted to file a brief with the Fifth Circuit to alert them of this fact and explain why Louisiana charter schools are also outside of the NLRB’s jurisdiction.