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COLORADO STATE BD. OF EDUC. v. BRANNBERG

Supreme Court Case No. 21SC885.

525 P.3d 290 (2023)

2023 CO 11

COLORADO STATE BOARD OF EDUCATION and Douglas County School District RE-1, Petitioners, v. Judy A. BRANNBERG and John Dewey Institute, Inc., Respondents.

Supreme Court of Colorado.

March 6, 2023.

Attorney(s) appearing for the Case

Attorneys for Petitioner Colorado State Board of Education: Philip J. Weiser , Attorney General, Michelle Berge , First Assistant Attorney General, Joseph A. Peters , Senior Assistant Attorney General, Jenna Zerylnick , Assistant Attorney General, Denver, Colorado.

Attorneys for Petitioner Douglas County School District RE-1: Caplan and Earnest LLC, Elliott V. Hood , Boulder, Colorado.

Respondent Judy A. Brannberg, pro se, Littleton, Colorado.

Respondent John Dewey Institute, Inc., pro se, Littleton, Colorado.

Attorneys for Amicus Curiae Colorado Charter School Institute: Phillip J. Weiser , Attorney General, Davin Dahl , Senior Assistant Attorney General, Noah Patterson , Assistant Solicitor General, Denver, Colorado.

JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.

¶1 This case requires us to determine whether the last sentence of section 22-30.5-108(3)(d), C.R.S. (2022), of the Charter Schools Act (the "Act"), which provides that "[t]he decision of the state board [of education] shall be final and not subject to appeal," applies to all decisions...

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