No. 07-02 AG Alpha No. ED AD AGBCD August 13, 2007

This opinion, requested by Commissioner of Education Dr. William Moloney, concerns whether the newly-enacted § 22-2-105(6), C.R.S., which states that during his term of office a member of the State Board of Education (“State Board”) shall not be an employee of the Colorado Department of Education (“CDE”), will affect the continued employment of State Board member Randy DeHoff as the Executive Director of the Charter School Institute (“Institute”). For the reasons discussed in this memorandum, I conclude that the Director of the Institute is not an employee of CDE, and thus that Randy DeHoff’s continued employment in that capacity will not be affected by the new statute.

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