Database Search Result Details
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First Name
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Mary
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Last Name
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Henderson
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Decision Date
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2/7/2019
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Docket Number
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2018-1108-WayED
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ALJ
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LRB
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Respondent
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Wayne County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Transfer
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Primary Issues
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Whether Grievant demonstrated the decision to transfer her was arbitrary or capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code 18A-4-7a
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Related Cases
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Rogers v. Mercer Bd of Ed, Docket No 07-27-309 (Nov. 29, 2007), rev’d, in part, and aff’d, in part, Kanawha Cnty. Cir. Ct., Civil Action No. 08-AA-1 (Sept. 11, 2009); Brown, et al v. Wetzel County Board of Education, Docket No. 06-52-292 (October 23, 2006); Sanders v. Brooke County Bd. of Educ., Docket No. 93-05-174 (Aug. 27, 1993); Hawkins v. Tyler County Bd. of Educ., 166 W.Va. 363, 275 S.E. 2d 592 (1979); Post v. Harrison County Bd. of Educ., Docket No. 89-17-355 (Feb. 20, 1990); Jochum v. Ohio County Bd. of Educ., Docket No. 91-35-396 (Jan. 31, 1992)
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Keywords
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Transfer; Elementary School; Seniority; Least Senior Position; Certification; Arbitrary and Capricious
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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 a classroom teacher. Grievant filed this grievance regarding her transfer from Crum PK-8 school to Fort Gay PreK-8 School. Grievant argues Respondent has misconstrued West Virginia school law in the circumstance of this matter. Grievant proports Respondent’s actions are in violation of applicable intent and reasonable prudent action. Respondent maintains the decision to transfer Grievant was not improper or an abuse of discretion in that the Grievant was the least senior of the second grade teachers, she was not certified to bump the least senior teacher in the building and she was transferred to a lateral position with no reduction in salary or benefits.
The issue(s) in dispute of the instant matter, are simple yet simultaneously convoluted. Respondent’s actions were in keeping with its interpretation of what is professed to be the relevant school code [West Virginia Code ' 18A-4-7a]. The parties interpreted the application of West Virginia Code ' 18A-4-7a in this situation differently. Whether the instant situation as it pertains to this PreK-8 school verses that of a traditional elementary school warrants alternative treatment was a concern of the parties. Regrettably, the parties did not resolve this via a mutually acceptable teaching assignment. Grievant maintains she should be allowed to bump a “less” senior classroom teacher at her school, while Respondent maintains Grievant was not certified to bump “the least” senior teacher in the building thus, Grievant goes on the transfer list. Once on the county wide transfer list, Grievant is reassigned accordingly with no preference or further consideration to available classroom teaching position which Grievant is qualified to teach at the school Grievant is being up-rooted.
Grievant has the burden of proof in this matter. Grievant did not establish, by a preponderance of the evidence, that the decision to transfer her from a classroom teaching position at Crum PK-8 to an alternate teaching assignment at Fort Gay PK-8 was implausible, unreasonable or not subject to a difference of opinion. Grievant did not demonstrate the decision to transfer her was arbitrary or capricious. Grievant did not establish that Respondent’s action(s) were in violation of an applicable West Virginia Code; school law or regulation. Accordingly, this grievance is DENIED.
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