Database Search Result Details

First Name MARY
Last Name MORGAN
Decision Date 11/29/1989
Docket Number 89-54-470
ALJ DC
Respondent WOOD COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title GIFTED CHILDREN
Topics TRANSFER
Primary Issues Calculation of seniority
Outcome DENIED
Statutes 18A-4-8b; 18A-2-7
Related Cases STATE EX REL. HAWKINS V. TYLER CTY, 275 S.E.2D 908; PROCTOR 238 S.E. 2D 220 (W.VA. 1977).
Keywords TIME-IN-SERVICE IS REASONABLE STANDARD TO DETERMINE WHO WILL BE PLACED ON TRANSFER LIST.
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant, an instructor of gifted students at PHS, was placed on administrative transfer. This was because number of such teachers were being reduced, and Grievant was the one with the least time in the relevant certification. Another gifted teacher was retained, although she has less overall service with Respondent than Grievant. Respondent's policy is to utilize time-in-certification, which it sometimes calls 'seniority,' for these purposes. DECISION: DENIED. Code 18A-2-7, which covers administrative transfers, does not mention 'seniority,' so whether Respondent has properly defined this term is not in issue. It is clear that these instances, and that this policy was correctly applied here. Time-in-certification is a reasonable standard for administrative transfer decisions.

Back to Results Search Again