Database Search Result Details
|
First Name
|
Beverly
|
|
Last Name
|
Bailey
|
|
Decision Date
|
4/18/2019
|
|
Docket Number
|
2018-1473-CONS
|
|
ALJ
|
WBM
|
|
Respondent
|
Mingo County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Principal
|
|
Topics
|
Position
|
|
Primary Issues
|
Whether Principal position in merged school had to be posted.
|
|
Outcome
|
Granted
|
|
Statutes
|
W. Va. Code § 18-5 13a; W. Va. Code § 18A-4-7a(o)
|
|
Related Cases
|
Board of Educ. v. DeFazio, 180 W. Va. 614, 616, 378 S.E.2d 656, 658 (1989); Marion County Bd. of Educ. v. Bonfantino, 179 W. Va. 202, 366 S.E.2d 650, (1988); Rollyson & Ward v. Mingo County Bd. of Educ., Docket No. 04-29-140 (Aug. 30, 2004); Swope v. Kan. Cty. Bd. of Educ., Docket No, 90-20-361 (Oct. 31, 1990); Lavender v. McDowell County Bd. of Educ., 174 W. Va. 513, 514, 327 S.E.2d 691, 692, (1984); Beverage, et al. v. Pocahontas County Bd. of Educ., Docket No 00-38-250 (Apr. 23, 2001); Wagoner, v. Mineral County Bd. of Educ., Docket No. 92-28-046 (Jun. 28, 1992); Dotson, et al. v. Berkeley County Bd. of Educ. Docket No. 90-02-404 (Mar. 26, 1991)
|
|
Keywords
|
Position; School Merger; Hearing; Policy
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Respondent appealed to Kanawha County Circuit Court 5/20/19, CA #19-AA-54 (Bailey);
|
|
Supreme Court
|
|
|
Synopsis
|
Respondent closed an elementary school and combined it with a middle school in the middle school building. Respondent labeled the school as a new school, abolished Grievant’s principal position and gave the new principal position to another employee. Grievant proved that her position as principal of the merged school should not have been posted or eliminated. Grievant also proved that Respondent abolished Grievant’s position and assigned her to a new position before giving her notice and an opportunity to be heard in violation of W. Va. Code §§ 18A-2-7 and 18A-4-7a, rendering those actions void.
|
Back to Results
Search Again