George Levesque, a shareholder in GrayRobinson's Tallahassee office. Courtesy photo

A suspended Panhandle schools superintendent stripped from her post by Gov. Ron DeSantis is asking the Florida Supreme Court to weigh in on the issue.

Shortly after taking office in January, DeSantis suspended Okaloosa County Superintendent of Schools Mary Beth Jackson, citing “scathing” grand jury reports that alleged “dereliction of duty” by Jackson. Education Commissioner Richard Corcoran, a former House speaker, recommended that DeSantis suspend Jackson.

But in a 21-page petition filed Friday, Jackson's lawyer, George Levesque, with GrayRobinson in Tallahassee, wrote that the governor lacked the authority to remove the elected official from office.

The grand jury reports were based on allegations of abuse by a former school employee, Marlynn Stillions, during the 2015-16 school year, Levesque wrote.

The reports alleged that Jackson, among other things, failed to implement proper procedures for reporting abuse to the Department of Children and Families and the Department of Education and failed to implement a proper procedure for removing teachers facing allegations involving the health or safety of students.

But Levesque argued that, because the events being used against Jackson took place before her 2016 re-election, DeSantis lacks the authority to remove the elected official for actions before her current term.

“The text of the Florida Constitution and the longstanding precedents of this court indisputably hold that Governor DeSantis is without authority to suspend Superintendent Jackson for actions preceding her current term of office,” Levesque wrote.

Asking the court to consider the case, Levesque wrote that Jackson's petition “presents a question of great and pressing importance to the functions of government.”

When asked about Jackson's legal action Friday, DeSantis, a Harvard Law School graduate, railed against her.

“For years, Mary Beth Jackson[] has tried to hide her negligence as school superintendent and I will not back down on protecting the children of Okaloosa. Students should feel safe in school and this administration will not tolerate neglect of duty nor incompetence from any government official. The petition is being reviewed by our legal office,” the governor said in an email.

Since taking office, DeSantis has suspended three other officials, including Broward County Sheriff Scott Israel and former Palm Beach County Supervisor of Elections Susan Bucher.

“The disruption to local governments will be substantial if the governor's authority is not exercised in a constitutionally compliant manner,” Levesque wrote.

The request to the court comes as the Florida Senate, which has the authority to remove or reinstate elected officials, is considering an appeal by Jackson. A prehearing in her case is scheduled for March 11. Israel also is fighting his suspension in the Senate; Bucher did not.

A “bill of particulars” filed in Jackson's Senate case by DeSantis' lawyer, Nicholas Primrose, details the governor's charges against her.

The governor suspended Jackson “after numerous criminal charges of child abuse/neglect by instructional personnel, numerous criminal charges of failing to report suspected child abuse by instructional personnel and administrators, a failure of leadership in training and requiring instructional personnel and administrators to report suspected child abuse/neglect and failing her paramount duty as the superintendent to protect the health, safety and welfare of the students of the Okaloosa School District.”

Jackson denies the allegations against her, Levesque noted in Friday's Supreme Court filing.

Previous court rulings have held that elected officials cannot be removed for misconduct that took place before their re-election, Levesque wrote.

“Implicit in this holding is the principle that the intervening election cleanses the taint of allegations occurring prior to the current term in office,” he argued.

Dara Kam reports for the News Service of Florida.