Database Search Result Details
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First Name
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KATHLEEN
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Last Name
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JONES, ET AL.
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Decision Date
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12/29/1989
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Docket Number
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89-15-271
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ALJ
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NK
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Respondent
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HANCOCK COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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AIDES
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Topics
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ASSIGNMENT
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Primary Issues
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Whether aide assisting handicapped students eligible to additional pay.
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Outcome
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GRANTED AS TO PARIS; DENIED AS TO OTHERS
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Statutes
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18A-5-8(a), 18A-5-8
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Related Cases
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FERGUSON; RYMER/MILLER
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Keywords
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FUNCTIONAL NEEDS
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed TO CC OF KANAWHA, Civil Action #90-AA-27, ORDERED DISMISSAL W/PREJUDICE ON 10-8-90 (J. HEY).
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Supreme Court
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Synopsis
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Grievants, all school aides at a special facility for handicapped students, allege they have performed supervisory duties in the course of their employment. Grievants request compensation in accordance with W.Va. Code 18A-5-8. DECISION: DENIED to grievants Jones, Barnabel, Barnhart, Bryan and Gryskevich due to not meeting their burden of proof and have not demonstrated that they performed specialized tasks with their assigned students in the 1988-89 school year or otherwise assumed a teacher-like authority over the students. GRANTED to Paris who met that burden in that she was assigned to wholly supervise the students' breakfast activities without a professional employee present for 50 minutes daily.
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