Palmer v. State Board of Education

Court of Appeals of Georgia

Palmer v. State Board of Education

238 S.E.2d 255, 143 Ga. App. 315, 1977 Ga. App. LEXIS 2301

CourtCourt of Appeals of Georgia

DecidedSeptember 9, 1977

Docket54043

StatusPublished

Cited by2 cases

This text of 238 S.E.2d 255 (Palmer v. State Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palmer v. State Board of Education, 238 S.E.2d 255, 143 Ga. App. 315, 1977 Ga. App. LEXIS 2301 (Ga. Ct. App. 1977).

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Opinion

Smith, Judge.

Palmer, whose teaching contract with the Putnam County Board of Education was not renewed, received a hearing in accordance with the so-called "Fair Dismissal Law.” Ga. L. 1975, p. 360 et seq. (Code Ann. Ch. 32-21C). She appealed the local board’s decision to the State Board of Education, which affirmed. An action against the state board seeking review of its appellate decision was then filed in the Fulton County Superior Court. The superior court dismissed the action, and we affirm. The appellant relies solely upon the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338 et seq. (Code Ann. Ch. 3A)) as the authority for judicial review of the state board’s decisions. Our decision here need go no further than to point out that "the Administrative Procedure Act does not apply to the State Board of Education when, as here, the board sat as an appellate body and did not decide the controversy de novo but based its appellate decision on the evidence heard by the local board ”Hood v. Rice, 120 Ga. App. 691, 694 (172 SE2d 170).

Judgment affirmed.

Bell, C. J., and McMurray, J., concur.

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Smith, Judge.

Palmer, whose teaching contract with the Putnam County Board of Education was not renewed, received a hearing in accordance with the so-called "Fair Dismissal Law.” Ga. L. 1975, p. 360 et seq. (Code Ann. Ch. 32-21C). She appealed the local board’s decision to the State Board of Education, which affirmed. An action against the state board seeking review of its appellate decision was then filed in the Fulton County Superior Court. The superior court dismissed the action, and we affirm. The appellant relies solely upon the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338 et seq. (Code Ann. Ch. 3A)) as the authority for judicial review of the state board’s decisions. Our decision here need go no further than to point out that "the Administrative Procedure Act does not apply to the State Board of Education when, as here, the board sat as an appellate body and did not decide the controversy de novo but based its appellate decision on the evidence heard by the local board ”Hood v. Rice, 120 Ga. App. 691, 694 (172 SE2d 170).

Judgment affirmed.

Bell, C. J., and McMurray, J., concur.

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238 S.E.2d 255, 143 Ga. App. 315, 1977 Ga. App. LEXIS 2301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-state-board-of-education-gactapp-1977.

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