Database Search Result Details
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First Name
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BIRCH
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Last Name
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HARE
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Decision Date
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10/25/1988
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Docket Number
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42-88-132
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ALJ
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SK
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Respondent
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RANDOLPH COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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BUS OPERATOR
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Topics
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DISMISSAL
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Primary Issues
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INCOMPETENCY; BEHAVIOR NOT CORRECTABLE BY A PLAN OF IMPROVEMENT
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Outcome
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DENIED
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Statutes
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POLICY 5300 (6) (a)
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Related Cases
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CARRELL V. KANAWHA COUNTY; WILLIAMS V. ROANE COUNTY
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Keywords
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NON CORRECTABLE ACTIONS; INCOMPETENCY; BEHAVIOR, IMPROVEMENT PLAN
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #88-AA-294; Reversed
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Supreme Court
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S.Ct. affirmed ALJ at 396 S.E.2D 203 (1990).
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Synopsis
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Grievant was dismissed for incompetency from employment as a bus operator after four accidents, all termed preventable on the school bus accident report forms. The accidents were never included on the grievant's evaluations nor was he ever given a plan of improvement. A County BOE is not required to follow the procedures of State Board of Education Policy 5300 prior to dismissal in those circumstances where behavior is not correctable
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