Database Search Result Details

First Name BENNETT
Last Name CHURCH
Decision Date 11/30/1987
Docket Number 33-87-214
ALJ LC
Respondent MCDOWELL COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title SUPERINTENDENT (INTERIM)
Topics PAY; REINSTATEMENT
Primary Issues Evaluation; Policy 5300; Officer
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18-4-1
Related Cases 304 S.E.2D 678 (W.VA. 1983)
Keywords OFFICER, EVALUATION, STATUS
Intermediate Court of Appeals
Circuit Court Grievant and Respondent appealed for Summary Judgment, Civil Action #87-C-883; Affirmed 10/1/92, Judge Hrko
Supreme Court
Synopsis GR WAS APPOINTED INTERIM-SUPT BY THE SCHOOL BOARD AND AT THE END OF THE TERM WAS APPOINTED TO A LD TEACHING POSITION. A GR WAS FILED ALLEGING THAT THE WAS NOT EVALUATED DURING HIS TENURE AS REQUIRED BY POLICY 5300 AND SHOULD HAVE BEEN REEMPLOYED IN A POSITION COMPARABLE TO THAT WHICH HE HELD PRIOR TO BECOMING A SUPT. A CO SUPT OF SCHOOLS ELECTED AND APPOINTED BY THE BD OF ED IS AN OFFICER, NOT AN EMPLOYEE OF THE SCHOOL BOARD. WV CODE, 18-4-1 PROVIDES THAT UPON EXPIRATION OF THEIR TERM A CO SUPT SHALL BE GIVEN THE STATUS OF TEACHER IN THE SYSTEM UNLESS DISMISSED FOR STATUTORY REASONS.

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