DAY v. FLOYD COUNTY BOARD OF EDUCATION; And Vice Versa
333 Ga. App. 144
Ga. Ct. App.2015Background
- Gilda Day was a guidance counselor in Floyd County; the district became a charter system in 2010 under the Charter Schools Act of 1998.
- In 2013 the Local Board implemented a system-wide RIF (about 120 employees) and did not renew Day’s contract; Day ranked 17th in counselor seniority and was not rehired when only 13 positions were offered.
- The superintendent’s RIF process prioritized poor evaluations, then grouped remaining employees by position/status and retained most-senior employees in each category.
- The Local Board (though asserting charter systems are exempt from the Fair Dismissal Act (FDA)) nevertheless provided Day an FDA hearing and upheld nonrenewal; Day appealed to the State Board, which reversed, finding the FDA applicable and that the Local Board violated its charter by failing to involve Local School Governance Teams (LSGTs).
- The Local Board appealed to the superior court, which reversed the State Board in part but held the State Board had jurisdiction; the Court of Appeals reversed the superior court, holding charter systems are generally exempt from the FDA and the State Board lacked jurisdiction to hear Day’s appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FDA applies to Floyd County (a charter system) | Day: FDA applies because tenure/due process are civil rights and OCGA §20-2-2065(b)(5) preserves statutes "relating to civil rights" | Local Board: Charter Schools Act §20-2-2065(a) grants broad waiver of Title 20, so FDA does not apply absent charter provision or express exception | Held: Charter system exempt from FDA absent charter provision or express statutory exception; Day, as employee of charter system, had no FDA-based tenure or remedies |
| Whether State Board had subject-matter jurisdiction to hear Day’s appeal | Day: She was "aggrieved" by Local Board decision after a hearing and could appeal under OCGA §20-2-1160(b) | Local Board: Because FDA did not apply, Day was not an aggrieved FDA-covered employee and State Board lacked jurisdiction | Held: No jurisdiction — because Day was not entitled to FDA protections, she was not an aggrieved party under §20-2-1160(b); State Board lacked appellate jurisdiction |
| Whether Local Board waived nonapplicability of FDA by giving Day an FDA hearing and whether failure to involve LSGTs rendered RIF arbitrary & capricious | Day/State Board: Local Board waived exemption by providing an FDA hearing; Local Board violated its charter by not involving LSGTs, making action arbitrary | Local Board: Waiver by a party cannot confer subject-matter jurisdiction; charter did not adopt FDA; LSGT issue not before State Board given lack of jurisdiction | Held: Waiver argument rejected (party waiver cannot create subject-matter jurisdiction); the appellate court did not reach LSGT merits because jurisdictional ruling made that claim moot |
Key Cases Cited
- Clayton County Bd. of Ed. v. Wilmer, 325 Ga. App. 637 (discussing limits of appellate jurisdiction)
- Fullwood v. Sivley, 271 Ga. 248 (discussing necessity of jurisdiction for appellate review)
- Patrick v. Huff, 296 Ga. App. 343 (employee entitlement to FDA procedures only if covered by Act)
- Owen v. Long County Bd. of Ed., 245 Ga. 647 (appeals only from decisions on contested issues)
- DeKalb County School Dist. v. Butler, 295 Ga. 672 (public school employment rights are statutory under the FDA)
- Jackson v. Gamble, 232 Ga. 149 (party waiver/consent cannot confer subject-matter jurisdiction)