Database Search Result Details

First Name ELAINE
Last Name KOONTZ
Decision Date 2/28/1989
Docket Number 25-89-001
ALJ NK
Respondent MARSHALL COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title CUSTODIAN
Topics VACANCY
Primary Issues Competency Testing
Outcome DENIED
Statutes 18A-4-8b(b)
Related Cases 256 S.E.2D 592 (W.VA. 1979)
Keywords TESTING
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant, school custodian, protests her non-selection for a secretarial position which was awarded to an individual not within the Board of Education employ. Grievant contends that the Board did not apprise her of the necessary score to pass her skills test and that the test may lack validity. DECISION: DENIED. A score of 85 percent was required on the proficiency test; Grievant attained 70 percent. A Board of Education may consider new service personnel (non-employees) for a position vacancy when it's own employees have not qualified for said position. W. Va. Code, 18A-4-8b(b).

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