Judy A. Brannberg, et al. v. Colorado State Board of Education, et al.
AdministrativeLaw Antitrust DueProcess Securities EmploymentDiscrimina
whether-the-last-sentence-of-section-colorado-revised-statutes-applies-to-all-state-board-decisions
QUESTION PRESENTED The question presented is: Whether the last sentence of section Colorado Revised Statutes C.R.S. § decision of the state board shall be final and not subject to appeal”—applies to all state board decisions under section 108(8). In 2014, 2017, 2018, and 2019, third-party employer Douglas County School District (“DCSD”) used discriminatory and unfair employment practices, Title VII of the Civil Rights Act of 1964, and 18 U.S.C. § 1503 Obstruction of Justice crimes of altering records, bribery, fraud on the Court, forgery, and breach of contract, to thwart the creation of the petitioner and charter school founder’s schools; her employment; and land, building, property ownership. Employment, land, building, and property ownership are terms, conditions, and privileges of charter school employment and US. Constitutional rights. From 2014 to the present, the charter founder complained to DCSD and the Colorado State Board of Education (“State Board”) about their criminal and civil statutory non-compliance, which created an unsafe learning environment for all students. DCSD muzzled the charter founder’s warnings, threatened her, pretextually labeled her “litigious” and then in retaliation, voted to deny her charters in 2014, 2017, 2018, and 2019, in order to keep their crimes under wraps which denied petitioner Federal due process of law and equal protection of the ii QUESTION PRESENTED—Continued laws. DCSD obstructed justice, used witness retaliation, intimidation, and tampering to silence the charter founder’s warnings, which resulted in the tragic school shooting at the STEM School Highlands Ranch (“STEM”) on May 7, 2019, the school she co-founded in 2009. In 2018 and 2019, she filed appeals to the State Board, which were denied. In 2019, she sought APA Judicial Review at District Court, which held that the State Board’s decision is final and not subject to Judicial Review. In October 2021, the Colorado Court of Appeals reversed the judgment of the District Court and concluded that subsection § 22-30.5-108(3)(d) does not bar Judicial Review. At oral argument, the School Boards conceded that the School District’s alleged statutory procedural non-compliance violations are reviewable under the APA. In March 2023, the Colorado Supreme Court was in conflict and reversed the Court of Appeals ruling.