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.
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 represented a charter school in a hearing before the NLRB wherein he argued Texas charter schools fall outside of the NLRB’s jurisdiction. After the hearing, conducted like a full trial with witness testimony, submission of evidence, and arguments of counsel, the administrative law judge presiding over the hearing issued a written opinion wherein he agreed: the NLRB does not have jurisdiction over Texas charter schools. This is a major win for Texas charter schools, although the NLRB’s local office will undoubtedly appeal it to the NLRB Board in Washington. We will continue the good fight! A copy of the Judge’s opinion can be found here.