In a case of first impression that impacts charter schools and charter systems throughout the Georgia, the Georgia Court of Appeals agreed with the Firm’s position that that charter school systems are exempt from the Fair Dismissal Act under the plain terms of the Charter Systems Act. The ruling confirms the Georgia legislature’s intention that charter school systems serve as the laboratories to find innovative ways to educate without being encumbered by red-tape.
The case is styled Day v. Floyd County Board of Education, Case Numbers A15A0401, A15A0402. The Firm expects opposing counsel to seek a writ of certiorari from the Georgia Supreme Court to further appeal this matter.
UPDATE: On October 19, 2015, the Supreme Court of Georgia denied Day’s Petition for Certiorari ending the long-running dispute as to whether the Floyd County School System, a charter school system, is subject to the Fair Dismissal Act. By denying Day’s petition, the Supreme Court allowed the Court of Appeals decision—that charter school systems are not subject to the Fair Dismissal Act—to stand. As Managing Partner King Askew explained to the Rome News-Tribune, “Charter schools in Georgia are not subject to the Fair Dismissal Act. The Legislature made that decision, the Floyd School Board did not. The Floyd board was simply following the law.” For more, see http://www.northwestgeorgianews.com/supreme-court-denies-day-petition/article_95e731ba-7d40-5960-8287-bb0ffd58590a.html