Emerson v. Bible

7 Citing cases

  1. King v. Board of Education

    214 Ga. App. 325 (Ga. Ct. App. 1994)   Cited 1 times

    Code Ann. § 32-2104c [now OCGA § 20-2-943 (b)]." Emerson v. Bible, 247 Ga. 633, 634 ( 278 S.E.2d 382). Plaintiff's evidence in the case sub judice made out a prima facie case of demotion, in that she will be assigned to a position "having less responsibility, prestige, and salary."

  2. Hall v. Nelson

    282 Ga. 441 (Ga. 2007)   Cited 41 times

    OCGA § 20-2-1160 (a) provides that the local board of education shall hear and determine "any matter of local controversy in reference to the construction or administration of the school law. . . ." This provision includes disputes concerning employment contracts, reassignment, or demotion of a tenured teacher or principal such as Nelson. Public Broadcasting Assn. v. Atlanta City School Dist., 265 Ga. 526 ( 457 SE2d 814) (1995); Emerson v. Bible, 247 Ga. 633, 634 ( 278 SE2d 382) (1981); Atlanta Public Schools v. Diamond, 261 Ga. App. 641, 643 (1) ( 583 SE2d 500) (2003). However, "[t]he general rule that mandamus does not lie where the petitioner has an adequate legal remedy is limited to cases in which the legal remedy is `equally convenient, complete and beneficial.' [Cit.

  3. Day v. Brantley County Sch. Dist

    298 Ga. App. 717 (Ga. Ct. App. 2009)   Cited 4 times
    Affirming grant of summary judgment where there was nothing in the record to show plaintiff pursued her administrative remedies

    OCGA § 20-2-1160 (a) provides that the local board of education shall hear and determine "any matter of local controversy in reference to the construction or administration of the school law. . . ." This provision includes disputes concerning employment contracts, reassignment, or demotion of a tenured teacher or principal. . . . Public Broadcasting Assn. v. Atlanta City School Dist., 265 Ga. 526 ( 457 SE2d 814) (1995); Emerson v. Bible, 247 Ga. 633, 634 ( 278 SE2d 382) (1981); Atlanta Public Schools v. Diamond, 261 Ga. App. 641, 643 (1) ( 583 SE2d 500) (2003).Hall v. Nelson, 282 Ga. 441, 443 (3) ( 651 SE2d 72) (2007).

  4. Grayer v. Hagler

    353 S.E.2d 545 (Ga. Ct. App. 1987)   Cited 3 times

    OCGA § 20-2-1160 (a) provides, in pertinent part, that "[e]very county, city, or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law. . . ." Since appellant's claims are matters of local controversy, see generally Wilson v. Strange, 235 Ga. 156, 158 (1) ( 219 S.E.2d 88) (1975), and clearly relate to the construction or administration of school law, see Emerson v. Bible, 247 Ga. 633 ( 278 S.E.2d 382) (1981), appellant was required to exhaust his administrative remedies before instituting action in the courts. Arp v. Bremen Bd. of Education, 171 Ga. App. 560 ( 320 S.E.2d 397) (1984).

  5. Arp v. City of Bremen Board of Education

    320 S.E.2d 397 (Ga. Ct. App. 1984)   Cited 8 times
    Affirming dismissal of coach's breach-of-contract claim against the board of education because he failed to exhaust his administrative remedies

    The issues raised in this case are clearly matters of local controversy (see generally Wilson v. Strange, 235 Ga. 156 (1) ( 219 S.E.2d 88) (1975)), and equally clearly refer to the construction or administration of school law. See, e.g., Emerson v. Bible, 247 Ga. 633 ( 278 S.E.2d 382) (1981); Pass v. Pickens, 204 Ga. 629 ( 51 S.E.2d 405) (1949). Compare Eastwind Developers v. Bd. of Education for Valdosta, 238 Ga. 587 (2) ( 234 S.E.2d 504) (1977).

  6. Setchel v. Hart County School District

    CASE NO. 3:09-CV-92 (CDL) (M.D. Ga. Nov. 6, 2009)   Cited 2 times
    Granting motion to dismiss procedural due process claim after finding adequate state law remedies were available affording sufficient due process

    First, Plaintiff may request a hearing under O.C.G.A. § 20-2-1160(a) to determine whether her transfer constituted a reassignment or a demotion under Georgia's Fair Dismissal Act, O.C.G.A. § 20-2-940, et seq. See Emerson v. Bible, 247 Ga. 633, 634, 278 S.E.2d 382, 382-83 (1981) (finding that determination of whether transfer constitutes reassignment or demotion is "matter of local controversy" that local school board has authority to adjudicate under Ga. Code Ann. § 32-910 (now O.C.G.A. § 20-2-1160)). Plaintiff may also request a hearing to determine whether the unilateral elimination of the local salary supplement was a deprivation of a protected property interest under O.C.G.A. § 20-2-212(b).

  7. Servicemaster Management v. Cherokee County School

    629 F. Supp. 896 (N.D. Ga. 1986)   Cited 1 times

    Under Georgia law, a prerequisite to a suit involving a "matter of local controversy in reference to the construction or administration of the school law . . ." is the exhaustion of the remedies set forth in Ga. Off'l Code Ann. § 20-2-1160 — a hearing before the local school board with appeal to the State Board of Education.See Arp v. City of Bremen Board of Education, 171 Ga.App. 560, 560, 320 S.E.2d 397 (1984). See also Emerson v. Bible, 247 Ga. 633, 278 S.E.2d 382 (1981); Wayne County Board of Education v. Anderson, 231 Ga. 761, 762, 204 S.E.2d 173 (1974). The appeal to the State Board of Education can be bypassed, with appeal directly to the appropriate superior court (or federal district court in a diversity situation), only if the aggrieved party proceeds by writ of certiorari under Ga. Off'l Code Ann. §§ 5-4-3 et seq.See Rockdale County School District v. Weil, 245 Ga. 730, 731, 266 S.E.2d 919 (1980); Morman v. Pritchard, 108 Ga. App. 247, 253-55, 132 S.E.2d 561 (1963).