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Firm secures school-law victory reversing the State Board of Education

Partners King Askew, Stewart Duggan, and David Brearley secured an important school-law ruling on behalf of the Floyd County Board of Education on June 17, 2014, which order reversed the decision of the State Board of Education (SBOE) and upheld the decision of the local board of education in a personnel matter.  

In ruling in favor of local board and reversing the SBOE, the Court held that the SBOE erroneously concluded that a teacher's claim to due process rights, provided under the Fair Dismissal Act, is a "civil right."  The Court further held the SBOE exceeded its legal authority when it incorrectly reversed the local board's termination of its employee, as a result of a Reduction In Force (RIF), and that the SBOE had no authority to utilize a local board's Charter System Agreement as a vehicle for reversing a local board's personnel decision.