Database Search Result Details
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First Name
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CARMELITTA
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Last Name
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PETERS
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Decision Date
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11/26/1986
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Docket Number
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27-86-144-1
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ALJ
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LC
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Respondent
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MERCER 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, LEARNING DISABLED
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Topics
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PRINCIPALS; POWERS AND DUTIES
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Primary Issues
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Posting of Positions; Internal Transfer; Temporary Positions
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Outcome
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GRANTED
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Statutes
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18A-2-9, 18A-4-8b, 18-29-4(b), 18-29-4(c), 18-29-6
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Related Cases
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327 S.E.2D 691 (W.VA. 1984); 163 W.VA. 454,
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Keywords
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INTERNAL TRANSFER; POWERS; DECISION; FINDINGS OF FACT; CONCLUSIONS; POSTINGS; NOTICE; TEMPORARY
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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The provisions of W. Va. Code, 18-2-9 do not authorize a principal to create and fill a position of attendance director by internal transfer and thereby avoid the requirements of 18A-4-8b. BOE's must post and date notices of all openings for at least five working days; this requirement is not obviated by the designation of a newly created position as 'temporary' when the characterization is predicated upon future student enrollment and/or attendance since most, if not all, positions are dependent upon those considerations. W. Va. Code, 18-29-6 requires that every decision pursuant to a hearing shall be in writing and shall be accompanied by findings of fact and conclusions of law. This provision is mandatory and grievances submitted to the hearing examiner on the record of previous hearing will be remanded in absence of a written decision containing findings of fact and COL.
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