NLRB Advice Memoranda, Rocky Mountain Prep, National Labor Relations Board, (Aug 1, 2022)

Although in Colorado Springs Early Colleges, 27-CA-135342, Advice Memorandum dated Jan. 15, 2015, Advice analyzed the same Colorado statutes and found a charter school was subject to the Board's jurisdiction under the second prong of Hawkins County, that decision issued before LTTS Charter School, Inc. d/b/a Universal Academy, 366 NLRB No. 38, slip op. at 1 n.1 (2018), where the Board affirmed an ALJ's finding that a Texas charter school was a political subdivision under the second prong of Hawkins County. Regardless of the instant school's governing documents, the circumstances under which the Colorado statute allows for the State Board of Education to remove charter school board members is essentially no different than what the Texas statute allows. Indeed, there are no meaningful distinctions in the Colorado and Texas statutes regarding public officials' power to appoint and remove charter school board members. Notably, aside from the "emergency" situations described in the Colorado statute, the Colorado State Board of Education also has the power to replace an underperforming public charter school's board or revoke its charter. Colo. Rev. Stat. §§22-11-210(5)(a)(II); 22-11-210(5)(a)(V); 22-11-210(5)(b).

​     ​