Gainesville Board of Education member Kelvin Simmons did not file an appeal following the city’s decision that he is ineligible to seek re-election this fall.

Monday was the deadline for his appeal, according to a clerk for a Hall County Superior Court judge.

City Clerk Denise Jordan determined at a Sept. 25 hearing that Simmons, a board member since 1991, cannot seek re-election for his Ward 4 seat because of a new state anti-nepotism law.

Simmons’ wife, Audrey Simmons, is an assistant principal at Gainesville Middle School.

House Bill 251, which became effective this year, states that no one with a spouse or immediate family member in an administrative position within a school district can run for school board in the same district.

Kelvin Simmons had 10 days to file an appeal with Hall County Superior Court, Jordan said.