Day v. Brantley County Sch. District

The plaintiff's suit alleging that the county school district underpaid her for nine school years as a result of not crediting her with the proper number of years of service for her prior experience as a registered nurse failed as she did not pursue any administrative remedies for her claim.

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Elaine Day brought suit against the Brantley County School District complaining that for nine school years she was underpaid because the school system failed to credit her with the proper number of years of service for her prior experience as a registered nurse. Day sought her back pay, damages for breach of contract, a writ of mandamus ordering the school district to comply with State law, and a declaratory judgment finding that the school district failed to compensate her properly. There is nothing in the record, however, to show that Day pursued any administrative remedies for her claims. In response to the school district’s motion to dismiss or for summary judgment, the trial court granted summary judgment in favor of the school district without explanation. The court also denied the plaintiff’s motion for declaratory judgment. Generally, teachers with disputes regarding employment contracts must first seek redress before the local board of education. Arp v. Bremen Board of Education , 171 Ga. App. 560 320 SE2d 397 1984; OCGA § 20-2-1160 a. As stated by the Supreme Court, 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.

Day v. Brantley County Sch. District

The plaintiff's suit alleging that the county school district underpaid her for nine school years as a result of not crediting her with the proper number of years of service for her prior experience as a registered nurse failed as she did not pursue any administrative remedies for her claim.

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