Database Search Result Details
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First Name
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RUSSELL
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Last Name
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SCHWERTEFEGER
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Decision Date
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1/31/1989
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Docket Number
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5-88-200
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ALJ
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NK
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Respondent
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BROOKE COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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POSTING
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Primary Issues
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In-school transfer
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Outcome
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GRANTED
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Statutes
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18A-4-8b, 18A-2-9
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Related Cases
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336 S.E.2D 650 (W.VA. 1988)
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Brooke County, Civil Action #89-P-7 (TS); Affirmed 8/25/89, Judge Trapis
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Supreme Court
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Synopsis
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Grievant is employed as a physical education teacher at a county middle school and alleges the assignment of a teacher to what he believed was a vacant PE position at Brooke County High Schools was in violation of the notice and hiring mandates of W.Va. Code 18A-4-8b. Grievant contends that a full-time permanent substitute teacher's status cannot be altered to fill a PE position newly created by personnel movement within the Department. DECISION: County boards of education are required to post and date all notices of all openings in established, existing or newly created positions in conspicuous working places for a period of not less than five working days. W.Va. Code, 18A-4-8b. GRANTED; Grievant's right to bid on a vacant position was violated when an in-house substitute teacher was administratively assigned to the full-time position of five PE classes.
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