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Hall v. Nelson

Since the appellant was an administrator entitled to renewal of his contract, his assignment to a teacher's position violated his clear right to be reassigned to an administrative position, which would not constitute an unauthorized demotion.

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Gerald Nelson was employed by the Atlanta Independent School System AISS as an elementary school principal. During the 2003-2004 school year, AISS elected not to renew his employment contract for the 2004-2005 school year. Nelson, having acquired certain rights to continued employment, requested and received a hearing pursuant to OCGA § 20-2-940 e. An independent tribunal recommended nonrenewal of Nelson’s contract, and the Atlanta Board of Education concurred in that recommendation. On appeal, the State Board of Education reversed the decision of the Atlanta Board, finding that AISS failed to carry its burden of proof, and ordering reinstatement. AISS appealed to the superior court, which upheld the State Board’s decision. Thereafter, Nelson’s contract was renewed, but he was assigned to teach seventh grade math. Nelson filed a petition for mandamus against Appellant Beverly Hall in her official capacity as Superintendent of AISS. The superior court granted mandamus relief, finding that, instead of reinstating Nelson, Appellant appointed him to a teaching position at a reduced gross wage. The superior court ordered “the immediate reinstatement of Mr. Nelson to his position as principal or a commensurate principal position within AISS at the same gross wage . . . .” Appellant appeals from this order pursuant to our grant of an application for discretionary appeal.

1. Appellant contends that the trial court erred in rejecting her defense of insufficient service of process.

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