Database Search Result Details
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First Name
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NELLAJEAN
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Last Name
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BUMGARDNER, ET AL.
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Decision Date
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10/6/1989
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Docket Number
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89-43-222/223/224/225/226/227
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ALJ
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DC
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Respondent
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RITCHIE COUNTY BOARD OF EDUCATION
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Employment Type
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PROF/SERV
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Job Title
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TEACHERS AND CUSTODIAN
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Topics
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RIF/PROPER HEARING
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Primary Issues
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Opportunity for hearing before abolishing positions, probationary employee.
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Outcome
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GRANTED
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Statutes
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18-A-2-2, 365 S.E.2d 816, 18A-2-6, 18A-2-8a, 238 S.E.2d 220
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Related Cases
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WOOD, ACCORD, FOX V. SUMMERS, 256 S.E.2d 592
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Keywords
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MEANINGFUL HEARING, RIF HEARING, PROBATIONARY EMPLOYEE
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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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Several teachers, all tenured but one, and a custodian were RIF's. The BOE voted to eliminate the positions these persons held without first giving them an opportunity for hearing and presentation of evidence on why the positions should be saved. Probationary teacher was treated in all regards as if he had tenure. DECISION: Hearings on proposed personnel actions must be meaningful and not mere pretext; therefore, a BOE may not take final action guaranteeing changes in personnel assignments or status without first allowing affected employees the opportunity to be heard and have their point of view actually considered. As true in this case, a BOE may give probationary teachers greater rights than they are afforded by state law.
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