Database Search Result Details
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First Name
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CYNTHIA
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Last Name
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TANZEY
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Decision Date
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4/25/1988
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Docket Number
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17-87-258-2
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ALJ
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JW
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Respondent
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HARRISON 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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TEACHERS
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Topics
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CLASS SIZE; PAY
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Primary Issues
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Class size exceeds limits
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18-5-18A, 18-29-5(b)
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Related Cases
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WALKER V. KANAWHA CBOE AND WV DOE; COOK V. WYOMING CBOE AND WVDOE
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Keywords
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INTERPRETATION; JURISDICTION; ST SUPERINTENDENT; FAILURE; RECORD
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Harrison County, 5/26/88, Civil Action #88-P-79-2, Settled out of Court, Dismissed for failure to pursue 8/26/91
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Supreme Court
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Synopsis
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The Grievance Board has held it has jurisdiction of grievances involving the State Dept of Education when the basis of the grievance is that department's interpretation of a law or policy affecting the grievant. In this grievance it is not the DOE interpretation of policy but the Board's refusal to comply with it that forms the basis of the grievance. The failure of the BOE to take action on the decision of the St DOE not to grant waivers for the grievants' classes and its failure to timely prepare and submit to Level IV the record developed in the present grievance, have operated to preclude an order which would reduce the size of grievants' classes and seriously disrupt the educational process for the six students for the remainder of the school year.
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