Database Search Result Details
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First Name
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DONALD
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Last Name
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ENOCH
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Decision Date
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4/10/1990
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Docket Number
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89-54-540
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ALJ
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NK
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Respondent
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WOOD 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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SELECTION; QUALIFICATIONS
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Primary Issues
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Seniority; Qualifications; Summer Teaching Position; Extended Year Placement
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Outcome
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GRANTED
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Statutes
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18-5-15;18-5-39; 18A-4-7A
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Related Cases
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Keywords
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HANDICAPPED CHILDREN, QUALIFICATIONS; SUMMER; CERTIFICATION; TERM; EXTENDED YEAR;
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Wood County, Civil Action #90-P-120; Reversed
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Supreme Court
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S.Ct. affirmed Cir.Ct., ALJ reversed at 414 S.E.2D 631 (1992)
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Synopsis
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SUPREME COURT SYLLABUS: 1. HIRING REQUIREMENTS FOR SPECIAL SUMMER PROGRAMS ESTABLISHED PURSUANT TO THE ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED CHILDREN ACT, 20 U.S.C. 1411, ET SEQ., ARE GOVERNED BY W.VA. CODE, 18A-4-8B(A) [1988] (AND ITS SUCCESSOR, W.VA. CODE 18A-4-7A {1990]. 2. 'UNDER WV CODE, 18A-4-8B(A) (1983), DECISIONS OF A COUNTY BOARD OF EDUCATION AFFECTING TEACHER PROMOTIONS AND THE FILLING OF VACANT TEACHING POSITIONS MUST BE BASED PRIMARILY UPON THE APPLICANTS' QUALIFICATIONS FOR THE JOB, WITH SENIORITY HAVING A BEARING ON THE SELECTION PROCESS WHEN THE APPLICANTS HAVE OTHERWISE EQUIVALENT QUALIFICATIONS OR WHERE THE DIFFERENCES IN QUALIFICATION CRITERIA ARE INSUFFICIENT TO FOR THE BASIS FOR AN INFORMED AND RATIONAL DECISION.' 3. 'COUNTY BOARDS OF EDUCATION HAVE SUBSTANTIAL DISCRETION IN MATTERS RELATING TO THE HIRING, ASSIGNMENT, TRANSFER, AND PROMOTION OF SCHOOL. NEVERTHELESS, THIS DISCRETION MUST BE EXERCISED REASONABLE, IN THE BEST INTERESTS OF THE SCHOOLS, AND IN A MANNER WHICH IS NOT ARBITRARY AND CAPRICIOUS. 4. A BOARD OF EDUCATION MAKING A HIRING DECISION UNDER WV CODE 18A-4-8B(A) [1988] (OR ITS SUCCESSOR, W.VA. CODE, 18A-4-7A [1990], SHOULD USE ITS BEST PROFESSIONAL JUDGMENT TO SELECT THE APPLICANT BEST SUITED TO THE NEEDS OF THE STUDENTS BASED ON QUALIFICATIONS AND EVALUATIONS OF THE APPLICANTS' PAST SERVICE. ONLY WHEN ALL OTHER FACTORS ARE EQUAL SHOULD A BOE LOOK TO SENIORITY. SUP CT OPINION: REJECTING A TEACHER'S CLAIM THAT HIS SUPERIOR SUMMER SCHOOL SENIORITY ENTITLED HIM TO A POSITION AT A SCHOOL WHICH PROVIDED SUMMER INSTRUCTION FOR HANDICAPPED STUDENTS, RATHER THAN THE SUCCESSFUL CANDIDATES WHO HAD BEEN TEACHING AT THE SCHOOL, THE COURT HELD THAT ALTHOUGH HIRING FOR SPECIAL SUMMER PROGRAMS ESTABLISHED PURSUANT TO THE EDUCATION FOR ALL HANDICAPPED CHILDREN ACT, 20 U.S.C. 1411, ET SEQ., ARE GOVERNED BY WV CODE 18A-4-7A, HIRING MUST BE BASED PRIMARILY UPON THE APPLICANTS QUALIFICATIONS, WITH SENIORITY BEARING ON THE DECISION ONLY WHERE DIFFERENCES IN QUALIFICATION ARE INSUFFICIENT TO FORM THE BASIS FOR AN INFORMED AND RATIONAL DECISION.
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