Database Search Result Details

First Name MARY
Last Name SMITH
Decision Date 11/14/1989
Docket Number 89-22-544
ALJ SA
Respondent LINCOLN COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title LANGUAGE ARTS TEACHER
Topics PLANNING PERIOD
Primary Issues Can Grievant be compensated for being forced to work through her planning period in order to cover for other teachers' absences?
Outcome GRANTED
Statutes 18A-4-14
Related Cases Bailes v. Nicholas, Docket No. 89-34-119 (Aug. 30 1989); Burdette v. Summers, Docket No. 45-87-030/03-4 (June 22, 1988)
Keywords PLANNING PERIOD; SCHOOL DAY
Intermediate Court of Appeals
Circuit Court Grievant appealed to Lincoln County, Civil Action #89-AA-1 (Consolidated with Martha Adkins, et al. 89-22-699)--Affirmed
Supreme Court
Synopsis Grievant maintained that she had worked 37 times throughout the school year substituting for absent teachers during her planning period. Respondent argued that since Grievant did not work an eight hour day that she could have used a planning period before or after school hours. DECISION: W. Va. Code, 18-4-14 requires every teacher to be given a planning period during the school day, which shall be read as meaning while school is actually in session. Grievance GRANTED.

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