Database Search Result Details
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First Name
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MARY
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Last Name
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MORGAN
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Decision Date
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11/29/1989
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Docket Number
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89-54-470
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ALJ
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DC
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Respondent
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WOOD 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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GIFTED CHILDREN
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Topics
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TRANSFER
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Primary Issues
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Calculation of seniority
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Outcome
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DENIED
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Statutes
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18A-4-8b; 18A-2-7
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Related Cases
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STATE EX REL. HAWKINS V. TYLER CTY, 275 S.E.2D 908; PROCTOR 238 S.E. 2D 220 (W.VA. 1977).
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Keywords
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TIME-IN-SERVICE IS REASONABLE STANDARD TO DETERMINE WHO WILL BE PLACED ON TRANSFER LIST.
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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, 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.
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