Decision 2545Ea – Alliance College-Ready Public Schools et al.
LA-CE-6025-E & LA-CE-6027-E
Decision Date: June 20, 2018
Decision Type: PERB Decision
Description: The charging party requested reconsideration of the Board’s conclusion in PERB Decision No. 2545 that the unalleged violation test was not satisfied concerning the theory that a charter management organization was the agent of two charter schools.
Disposition: The Board denied the request for reconsideration, finding that there was no showing of a prejudicial error of fact or newly discovered evidence.
Perc Vol: 43
Perc Index: 8
1107.10000 – Request for Reconsideration
Reconsideration denied where the request: (1) primarily asserted legal error, not factual error; (2) relied on facts not timely brought to the Board’s attention in exceptions or response to cross-exceptions; and (3) failed to proffer newly discovered evidence.
1107.20000 – Other
The Board has broad authority when reviewing exceptions, and has exercised this authority to accept supplemental briefing and request supplemental briefing. However, after a final decision has been issued, the Board’s authority to request supplemental briefing on issues raised or addressed by that decision is limited to issues that have been raised in a valid request for reconsideration.