Database Search Result Details
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First Name
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DEBRA
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Last Name
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KELPS
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Decision Date
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3/16/1989
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Docket Number
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18-88-217
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ALJ
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SA
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Respondent
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JACKSON 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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SENIORITY; VACANCY
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Primary Issues
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Qualifications
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Outcome
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DENIED
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Statutes
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18A-4-8b(a)
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Related Cases
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351 S.E.2D 58 (W.VA. 1986); 275 S.E.2D 908,
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Keywords
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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, elementary teacher, alleges she was not selected to fill a vacant position although the most senior and qualified candidate and therefore the provisions of W.Va. Code 18A-4-8b(a) were violated. As there is no certification in computer education, all candidates were required to prepare a sample lesson and present it to the Board as part of the interview. Grievant did not comply with this request. DECISION: Under W.Va. Code 18A-4-8b(a) where one candidate is more qualified, the seniority of another candidate will not be sufficient to deny the position to a more qualified applicant. Grievant failed to prove she was the more qualified applicant.
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