Database Search Result Details

First Name JOHN
Last Name CHRISTIAN
Decision Date 3/2/1988
Docket Number 17-87-146-2/147-2
ALJ JW
Respondent HARRISON COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title ASSISTANT PRINCIPAL K THRU 12
Topics RIF; QUALIFICATIONS; SENIORITY
Primary Issues CALCULATION OF SENIORITY
Outcome DENIED
Statutes 18A-4-8b(a); State Board Policy 5113; 18A-2-9; 18A-2-7. Superceded
Related Cases OSHEL/FAULKNER V. MASON CTY. BD.; MARTIN V. MASON CTY. 349 S.E. 2D 436 (WV 1986).
Keywords CERTIFICATION; SENIORITY; CALCULATION; BUMP
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, Civil Action #88-AA-78; Reversed on the basis of erroneous interpretation of Policy 5113, 12/21/89, Kaufman
Supreme Court S.Ct. refused to accept Grievant's appeal on 9-9-97 - #970759
Synopsis G was first employed by the BOE as a teacher in 1972. G rec. certification as a principal grades K through 12 on 7-1-93 and first worked in the capacity of assistant principal on 8-20-85. The Board calculated G Principal's seniority as assistant principal from the date he received his principal's certificate crediting him with approximately four (4) years as such. In 1986-87 school term the Board, because of funding problems targeted certain professional personnel positions for possible elimination including several assistant principal positions. G's was subsequently transferred to the position of teacher and high school band director at Bridgeport High. W.Va. Code 18A-4-8b(a) allows assistant principals whose positions are eliminated in a reduction in force action to displace or 'bump' less senior assistant principals within a county school system. State ex rel. Kanawha Co. Bd. of Educ. v. Casey, 349 S.E.2d 436 (W.Va. 1986) The BOE properly calculated the seniority of both grievant and Mr. Zahradnik and determined the latter to be the most senior. State Bd. of Educ. Policy 5113 enables a superintendent of schools to fill a position, upon authorization form the State Bd. of Educ., in specializations identified annually by the State Bd. of Educ. when the employees is assigned to a position which may include grade levels not covered by his or her professional endorsement and such authorization may specifically be issued to a principal/assistant principal of two schools on a single campus delivering early, middle, an/or adolescent programs.

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