Database Search Result Details
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First Name
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Gary
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Last Name
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Wroblewski
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Decision Date
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3/23/2021
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Docket Number
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2019-1723-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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Selection
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Primary Issues
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Whether Respondent’s selection decision was lawful.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18-5-39; W. Va. Code § 18A-4-7a
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Board of Education of the County of Wood v. Enoch, 186 W.Va. 712, 414 S.E.2d 630 (1992)
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Keywords
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Selection; Extended School Year Program; Qualifications; 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 sought instatement into a teaching position in an extended school year program at Vinson Middle School. Extended school year programs are not traditional summer school but rather designed and only available for special education students to continue their educational process. Grievant was considered for the position at issue, but was not the successful applicant. A board of education making a hiring decision should use its best professional judgment to select the applicant best suited to the needs of the students based on qualifications and this discretion must be exercised reasonably. In the circumstances of this matter, Respondent’s selection decision was not arbitrary and/or capricious. Respondent’s selection process is not established to be a violation of applicable statute, policy, rule or regulation, thus this grievance is denied.
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