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Tibbetts v. Worth Cnty. Sch. Dist

Tibbetts v. Worth Cnty. Sch. Dist., A22A1542, 2023 WL 2491939 (Ga. Ct. App. Mar. 14, 2023). A teacher’s claim under an automatically renewed contract was not subject to dismissal under sovereign immunity. Here’s the summary:

As detailed below, we conclude that Tibbetts’ prior written contract with the District was renewed by operation of law under OCGA § 20-2-211 (b) and that the renewed contract remained a contract in writing.

The plain language of the controlling statute in this case, OCGA § 20-2-211 (b), provides that teacher employment contracts are automatically renewed unless, by specified dates, either the district or the teacher notifies the other of an intent not to renew. It requires a local governing board such as the District to, by May 15, either tender to the teacher a new contract for the ensuing school year or notify the teacher in writing of the intention not to renew the teacher’s contract.