Database Search Result Details
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First Name
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Brenda
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Last Name
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Hall, et al.
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Decision Date
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11/24/2020
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Docket Number
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2020-0897-CONS
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ALJ
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LRB
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Respondent
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Kanawha 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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Educational Sign Language Interpreter
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Topics
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Salary Increase
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Primary Issues
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Whether Grievants established by a preponderance of the evidence that they are entitled to the three-step pay increase authorized by W.Va. Code § 18A-4-2(e).
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-1-1(b); W. Va. Code § 18A-1-1(c)(4); W. Va. Code § 18A-4-2(e); W. Va. Code § 18A-4-2; W. Va. Code 18A-1-1
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Related Cases
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Hall and Vaughn v. Kanawha County Bd of Educ., Docket No. 2014-0282-CONS (August 7, 2014); Bright v. Tucker County Bd. of Educ., 184 W. Va. 33, 399 S.E.2d 176 (1990)
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Keywords
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Salary Increase; Paraprofessional Licenses; Teaching License; Burden of Proof; Arbitrary and Capricious; Endorsement
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Intermediate Court of Appeals
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Circuit Court
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Grievants Hall & Vaughan appealed to Kanawha County Circuit Court 1/7/2021; Judge Kaufman, Civil Action No. 21-AA-3; Judge O'Hanlon, Civil Action No. 21-AA-4
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Supreme Court
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Synopsis
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Respondent, a county school board, grants a pay-increase to licensed classroom teachers with a special education endorsement. Grievants are of the opinion they too are entitled to the three-step salary increase authorized by WEST VIRGINIA CODE § 18A-4-2(e). Grievants are Educational Sign Language Interpreters who work with students who are hearing impaired. Both Grievants hold paraprofessional licenses as Educational Sign Language Interpreters. Neither Grievant is a licensed teacher.
The salary increase is paid by the West Virginia Department of Education (“WVDE”) through a reimbursement to the county. Respondent relying on two separate guidance documents from the WVDE in order to determine who is approved for the three-step pay increase. WVDE has made it clear through its guidance documents, which explains the specific licenses a teacher must have, and corresponding endorsement codes that must be attached to those licenses in order to qualify for the three-step pay increase. Neither Grievant has a recognized teaching license with qualifying special education endorsement. Neither Grievant is on the certified list for an employee certified in special education. In accordance with the guidance of the agency charged with the payment of the three-step pay increase Respondent determined Grievants were ineligible for the pay increase.
Grievants have not shown Respondent is clearly wrong in its implementation of the Department of Education’s interpretation of W. Va. Code § 18A-4-2(e). Grievants have not proven that they are entitled to the three-step pay increase by a preponderance of the evidence. This grievance is DENIED.
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