Database Search Result Details
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First Name
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MICHAEL
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Last Name
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RASH
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Decision Date
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6/7/1988
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Docket Number
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50-87-263-1
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ALJ
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NK
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Respondent
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WAYNE 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 (HIGH SCHOOL)
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Topics
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POSTING
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Primary Issues
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Certification requirements applicable to the position.
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Outcome
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GRANTED
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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 (WV 1986)
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Keywords
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CERTIFICATION; POSTING
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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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THE POSTING REQUIRED CERTIFICATION IN SECONDARY SCIENCE AS WELL AS SOCIAL STUDIES. A SUBSTITUTE TEACHER WHO WAS CERTIFIED IN BOTH AREAS WAS HIRED BUT WAS ASSIGNED TO TEACH ONLY SCIENCE COURSES. G WITH THREE YEARS SENIORITY AND A CERTIFICATION IN SCIENCE GRIEVED. G ATTACKED THE 'CREATIVE POSTING' AND HINTED THAT THE SUCCESSFUL APPLICANT HAD RELATIVES EMPLOYED BY THE CB. THE PREVIOUS TEACHER IN THE POSITION DID HAVE BOTH CERTIFICATIONS. THE DECISION STATES THAT A CB 'IS REQUIRED TO POST JOB VACANCIES WITH VALID, ACCURATE AND NECESSARY QUALIFICATIONS FOR THE POSITION TO BE TAUGHT AS CONTEMPLATED BY W.VA. CODE, 18A-4-8B(A).' THE CB DID NOT DEMONSTRATE A RATIONAL BASIS FOR ITS POSTING OF THE POSITION AND THE SOCIAL STUDIES REQUIREMENT IN THE CIRCUMSTANCES WAS ARBITRARY. CB WAS ORDERED TO REPOST FOR THE NEXT SCHOOL YEAR. THE POSTING IS TO INCLUDE THE JOB DESCRIPTION. THE PURPOSE OF THE JOB POSTING STATUTE IS FRUSTRATED WHEN THE CB DENOTES REQUIRED CERTIFICATION AREAS THAT ARE NOT NECESSARY FOR THE VACANT POSTED POSITION.
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