West v. Dooly County School District, 729 S.E.2d 469

West filed suit under 42 USC § 1983 alleging officials violated Georgia Fair Dismissal Act when not renewing his administrative contract.
West claimed he held tenure rights as a school administrator and was entitled to due process before nonrenewal.
The trial court granted summary judgment for defendants; the court reviews de novo for summary judgment issues.
West previously worked in Twiggs County (1989–1994) and then in Dooly County; he was an administrator who sought tenure protections under the Act.
Amendments in 1995 separated administrator rights from teacher rights; the Act includes a grandfather clause for pre‑1995 rights, but they require strict compliance with notification and procedural requirements.
The board’s actions to grant tenure in 1996 did not satisfy statutory procedures, rendering the tenure grant ineffective; thus West did not retain protected rights under the Act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether West had a protected property interest in employment under the Act.	West asserts pre‑1995 tenure rights apply to him.	West did not obtain tenure rights before April 7, 1995; grandfather clause does not apply.	No; West had no tenure rights.
Whether West retained any rights under the grandfather clause.	West argues he retained rights through pre‑1995 tenure.	No pre‑1995 rights were acquired in Dooly County; no qualifying transfer.	Not preserved; not within grandfather clause.
Whether the 1996 tenure grant complied with statutory requirements and thus created enforceable rights.	Board’s 1996 vote purported to grant tenure.	Board failed to follow mandatory notice/public hearing requirements.	Board failed; grant ineffective; no protected rights.
Whether West had a protected expectation of prospective tenure independent of tenure rights.	He had an expectation of continued employment.	Non-tenured administrators do not have a constitutionally protected property interest.	No protected expectancy under law.

Patrick v. Huff, 296 Ga. App. 343 (Ga. App. 2009) (grandfather clause preserved rights for pre‑1995 tenure under certain conditions)
Latimore v. City of Atlanta, 289 Ga. App. 85 (Ga. App. 2008) (tenure rights analysis and pre‑1995 amendments applied)
Hall v. Nelson, 282 Ga. 441 (Ga. 2007) (fact pattern distinguished; administrator/teacher distinction matters)
Dorsey v. Atlanta Bd. of Ed., 255 Ga. App. 104 (Ga. App. 2002) (pre‑1995 rights if stay with local board and contract renewal)
Dodd v. Bd. of Ed. &c., 46 Ga. App. 235 (Ga. App. 1933) (public officer powers defined by statute; boards constrained by law)
Roth v. Board of Regents, 408 U.S. 564 (U.S. 1972) (property interests require a legitimate claim of entitlement under law)
Ellison v. DeKalb County, 236 Ga. App. 185 (Ga. App. 1999) (no property right to be considered for promotion)