details - Public Grievance Board

First Name	Billie
Last Name	Persinger
Decision Date	7/9/2021
Docket Number	2020-0289-MerED
ALJ	LRB
Respondent	Mercer County Board of Education
Employment Type	PROF
Job Title	Counselor
Topics	Job Duties
Primary Issues	Whether Respondent has violated identifiable provision of applicable governing rule, regulation or statue pertaining to school counseling.
Outcome	Denied
Statutes	W. Va. Code § 18-5-18b; W. Va. Code § 18A-1-1; W. Va. Code R § 126-67-4, 4.1
Related Cases	Shroyer v. Harrison County Bd. Of Educ., 211 W.Va. 215, 546 S.E.2d 425 (2002)
Keywords	Job Duties; Classification; Comprehensive Developmental School Counseling Model Reference Guide
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant, a school counselor for Mercer County, alleges she is being required to perform duties which are noncompliant with regulating policy and/or statute. Grievant points to the “Comprehensive Developmental School Counseling Model Reference Guide” as the mandate for school counselor’s assignments. West Virginia Code §18-5-18b and West Virginia Department of Education Policy 2315 sets out an array of requirements for school counseling programs. Grievant did not establish by a preponderance of the evidence that Respondent has exceeded recognized constraints on the parameters of her employment by requiring that Grievant perform an identified variety of duties. School Counselors should spend 80% of time providing direct services for students and no more than 20% performing indirect services. It is understood and duly recognized that excessive duties could and would affect the percent of work time a School Counselor could effectively participate in a direct counseling relationship with pupils. Nevertheless, it is not established by a preponderance of the evidence that Respondent has exceeded recognized constraints on the parameters of Grievant’s employment as a school counselor. Accordingly, this Grievance is DENIED.

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