Database Search Result Details

First Name KAREN
Last Name BOWERS
Decision Date 2/16/1988
Docket Number 17-87-198-2
ALJ SK
Respondent HARRISON COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER, ITINERANT ART
Topics TRANSFER
Primary Issues RIF-Central Office, lateral transfer
Outcome GRANTED
Statutes 18A-4-8B, POLICY 5200
Related Cases DILLON, 351, S.E.2D 58
Keywords LATERAL TRANSFER; CENTRAL OFFICE;
Intermediate Court of Appeals
Circuit Court Respondent appealed to Harrison County, Civil Action #88-P-26-2; Affirmed 4-17-89
Supreme Court S.Ct. reversed ALJ at 396 S.E.2D 166 (1990)
Synopsis GR IS CURRENTLY EMPLOYED AS AN ITINERANT ART TEACHER AND FILED A GR WHEN THE POSITION OF COORDINATOR OF ART/DIRECTOR OF STAFF DEVELOPMENT WAS ELIMINATED DUE TO A RIF ACTION. GR ALLEGES SHE WAS NOT GRANTED A LATERAL TRANSFER TO AN ADMN POSITION HELD BY AN EMPLOYEE WITH LESS SENIORITY. DECISION: WHEN A CENTRAL OFFICE ADMINISTRATOR BECOMES DISPLACED DUE TO POSITION ELIMINATION THE BOARD MUST DETERMINE WHICH, IF ANY, ADMN POSITION THE DISPLACED INDIVIDUAL IS CERTIFIED AND HELD BY EMPLOYEES WITH LESSER SENIORITY. THE DISPLACED EMPLOYEE IS THEN TRANSFERRED LATERALLY TO THAT POSITION HELD BY THE LEAST SENIOR EMPLOYEE. SUPREME COURT ON CONSOLIDATED APPEAL OF BOWERS AND FRAGALE: HELD THAT: (1) FOR PURPOSES OF STATUTE GOVERNING RELEASE OF PROFESSIONAL EMPLOYEES EMPLOYED BY COUNTY BOARD OF EDUCATION BASED ON SENIORITY WHEN REDUCTION IN NUMBER IS REQUIRED, CENTRAL OFFICE ADMINISTRATORS DO NOT ACCRUE SENIORITY WHILE OCCUPYING ADMINISTRATIVE POSITIONS THAT IS SEPARATE AND DISTINCT FROM THEIR OVERALL SENIORITY AS PROFESSIONAL PERSONNEL UNLESS ADMINISTRATIVE CERTIFICATE WITH SPECIAL ENDORSEMENT IS REQUIRED FOR SPECIFIC CENTRAL OFFICE POSITION BEING HELD; (2) FOR PURPOSES OF STATUTE, PROFESSIONAL ADMINISTRATOR WHOSE POSITION IS ELIMINATED OR OTHERWISE AFFECTED BECAUSE OF RIF MAY NOT USE SENIORITY TO LATERALLY TRANSFER AN D 'BUMP' ANOTHER PROFESSIONAL ADMINISTRATOR UNLESS CERTIFICATION OR LICENSE IS REQUIRED FOR ADMINISTRATIVE POSITION WHICH HE SEEKS TO OBTAIN THROUGH THE 'BUMP'; AND (3) TEACHERS WERE PROPERLY ASSIGNED CLASSROOM TEACHING POSITIONS BASED ON THEIR RESPECTIVE OVERALL SENIORITY AS PROFESSIONAL PERSONNEL, INCLUDING BOTH TEACHING AND ADMINISTRATIVE YEARS.

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