Database Search Result Details
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First Name
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Brian
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Last Name
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Casteel
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Decision Date
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11/21/2018
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Docket Number
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2018-0317-WayED
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ALJ
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BTC
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Respondent
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Wayne County Board of Education
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Employment Type
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SERV
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Job Title
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Aide III
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Topics
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Transfer
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Primary Issues
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Whether Grievant is entitled to be returned to his original classroom.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-4(a)(1); W. Va. Code § 18A-4-8(r)
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Related Cases
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Goodson, et al. v. Fayette County Bd. of Educ., Docket No. 2014-1654-CONS (Nov. 12, 2015); Stover v. Logan County Bd. of Educ., Docket No. 2010-1051-LOGED (Dec. 13, 2010), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 11-AA-11 (Jan. 18, 2011); Savage v. Preston County Bd. of Educ., Docket No. 2015-1527-PreED (Apr. 11, 2016); Bennett v. Randolph County Bd. of Educ., Docket No. 05-42-396 (April 12, 2006); Bailey v. Raleigh County Bd. of Educ., Docket No. 97-41-495 (April 20, 1998), Kanawha Cnty. Cir. Ct. Civil Action No. 98-AA-70 (Oct. 14, 1999), appeal refused, W.Va. Sup. Ct. App. Docket No. 000514 (May 24, 2000)
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Keywords
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Transfer; Special Education Classroom; Autism Classroom; Relief
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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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Grievant is employed by Respondent as an itinerant Special Education Aide II. Grievant protested his transfer from a special education classroom to an autism classroom seeking only to be reinstated to his original classroom. However, since the filing of the grievance, Grievant was transferred from the autism classroom to a different special education classroom. Grievant still sought to be returned to his original classroom but attempted to amend his relief sought during the level three hearing to include back pay for working out of his classification. Respondent would clearly be prejudiced by allowing Grievant to orally amend his requested relief during the level three hearing. Therefore, Grievant’s attempt to amend his requested relief must be denied, which renders that portion of his claim moot. Grievant is not entitled to be returned to his original classroom as his position is itinerant and he received the proper notice required under the statute to be transferred. Accordingly, the grievance is denied.
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