WINDER — The Barrow County School District filed a response last week to the petition for a writ of mandamus submitted by former Apalachee High School teacher Ashley Payne earlier this month.

Payne alleges she was forced to resign after pictures of her holding alcoholic beverages on vacation and questionable language were found on her Facebook page. The school system maintains Payne’s resignation was voluntary. Her letter of Aug. 27 cites personal reasons for her resignation.

Payne is claiming that Apalachee Principal David McGee encouraged her to resign or face suspension and termination, telling her “you can’t win this.” Payne also claims she was never told of her right to a hearing and compensation, as provided by the Georgia Fair Dismissal Act.

The school system, represented by attorneys Wayne McLocklin and Robert Derrick, flatly denies any wrongdoing in the matter and has petitioned the court to dismiss Payne’s writ. The district also filed a counterclaim to cover the district’s legal fees.

Payne’s letter could be the key to whether or not the district is in violation of the Fair Dismissal Act.

If Payne was coerced to resign, as she claims, she could be awarded a hearing before the board of education, back pay beginning at the time of her dismissal and continued compensation until the hearing.

If, as the district alleges, Payne “resigned from her position and (her) resignation was freely and voluntarily submitted,” then Payne forfeits those rights.