State of West Virginia ex rel. Patricia Boner, individually and as the mother and next friend of her son, et al. v. Kanawha County Board of Education; Jorea Marple, Superintendent, Kanawha County Schools; the West Virginia Board of Education; and Henry R. Marockie, State Superintendent of Schools, No. 22365 (W. Va. July 19, 1996) (Workman, J.):
Granting a writ of mandamus preventing implementation of a plan to replace regular homebound teachers with hourly instructors, the Court held that unless a school board can demonstrate a reduction in the need for homebound instructional services, regular teachers providing those services cannot be replaced with hourly instructors.
Randolph County Board of Education v. Chris Adams, et al., No. 22902 (W. Va. December 14, 1995) (Cleckley, J.): 196 W.Va. 9, 467 S.E.2d 150:
Affirming an order invalidating a plan to impose a book fee on the parents of non-needy students, the Court held that W. Va. Const. art. XII, § 1 creates a strong presumption against charging students for anything that is deemed a necessary component to public education.
Valerie Cowen, Gwen Cowen, Debra Dodd, and Lisa Demarco v. Harrison County Board of Education, No. 22704 (W. Va. December 13, 1995) (Recht, J.): 195 W.Va. 377, 465 S.E.2d 648:
Where there was some confusion regarding whether certain certifications would be waived for purposes of positions being posted, the Court, in ordering, prospectively, that the positions be re-posted with an opportunity for applicants to seek the certifications necessary, held that county boards of education have substantial discretion in matters relating to the hiring, assignment, transfer, and promotion of school personnel, as well as in matters involving curricular programs and the qualification and placement of personnel implementing those programs, but such discretion must be exercised in a reasonable, not an arbitrary and capricious manner.
John Mark Copley v. Mingo County Board of Education; Edward Keith, President; Ted Warden, June Glover, Lossie Mahone, Tom Brewer, members; Everett Conn, Superintendent of Schools, No. 22877 (W. Va. December 8, 1995) (Workman, J .): 195 W.Va. 480, 466 S.E.2d 139:
Where teacher initially selected as coach was removed from the position after another applicant was awarded the position pursuant to a grievance, the Court affirmed dismissal on the pleadings of the contract claim, and held that a board of education, acting in good faith, is not subject to a breach of contract action by the person initially selected when it is ultimately determined through the grievance procedure set forth in W. Va. Code § 18-29-1 to -11 that another individual should have been selected for the position.
Harry Hartman v. The Board of Education of the County of Mineral, a statutory public corporation, No. 22548 (W. Va. July 17, 1995) (Fox, J.): 194 W.Va. 539, 460 S.E.2d 785:
Reversing a circuit court decision that an attendance incentive policy was part of a teacher's continuing contract, the Court held (1) an attendance incentive bonus established under the provisions of W. Va. Code 18A-4-10a can become part of the teachers' continuing contracts of employment only by (1) operation of statutory law manifesting a legislative intent that the bonus is an element of the teachers' contracts or (2) negotiation and subsequent mutual agreement of the board of education and teachers.
Board of Education of the County of Mercer v. Charles Wirt, No. 22117 (W. Va. December 21, 1994) (Cleckley, J.): 192 W.Va. 568, 453 S.E.2d 402:
Affirming the reinstatement of a school janitor charged with improperly touching a female student, the Court determined that the employee was not provided with adequate notice of the charges against him prior to the hearing, holding that (1) due process, pursuant to W. Va. Code § 18A-2-8, requires that a pretermination hearing be afforded a tenured employee; (2) although a pretermination hearing need not have all of the characteristics of an adversarial, evidentiary hearing, a tenured employee is entitled to (i) written notice of the charges, (ii) an explanation of the evidence, and (iii) an opportunity to respond prior to an adverse employment decision; and (3) if an employee, whether or not tenured, presents a danger to students or other in the school, and there is no reasonable alternative to abate the danger, a pretermination hearing is not required.
Thomas Parham v. Raleigh County Board of Education, No. 22252 (W. Va. December 16, 1994) (McHugh, J.): 192 W.Va. 540, 453 S.E.2d 374:
Affirming a ten-day suspension for a teacher who struck an unruly student, the Court held that the authority of a county board of education to suspend a teacher pursuant to W. Va. Code § 18A-2-8 must be based on the causes listed therein and must be exercised reasonably and not arbitrarily or capriciously.
State of West Virginia ex rel. Board of Education for the County of Randolph, et al. v. Larrie Bailey, Treasurer of the State of West Virginia, et al., No. 22167 (W. Va. December 15, 1994) (Neely, J.): 192 W.Va. 534, 453 S.E.2d 368:
Reversing a state educational funding formula that punished counties failing to pass local excess levies, the Court held that W. Va. Code § 18A-4-5 violates state equal protection principles to the extent it links a county entitlement to state equity funding to whether an excess levy was in effect on a particular date and continues to limit that county's educational funding to the specific amount awarded on that date even if the county's voters subsequently reject continuation of the levy.
Donald E. Smith v. Board of Education of the County of Greenbrier, No. 22154 (W. Va. December 8, 1994) (Workman, J.): 192 W.Va. 321, 452 S.E.2d 412:
Rejecting a substitute's asserted entitlement to the state salary supplement, the Court held that the calculation of a substitute's per diem pursuant to W. Va. Code § 18A-4-7 does not include an amount for state salary supplement.
State of West Virginia ex rel. Diana Lambert, by her next friends, Kathleen Lambert and Robert Lambert v. West Virginia State Board of Education, a corporation, and West Virginia Secondary Schools Activities Commission, a corporation, No. 22225 (W. Va. July 20, 1994) (Workman, J.): 191 W.Va. 700, 447 S.E.2d 901:
In addition to directing the State Board of Education and Secondary Schools Activities Commission to provide a sign-language interpreter to a deaf basketball player and to move the girls' basketball season to the winter months beginning with the 1995-96 season, the Court held that notwithstanding the transfer of supervisory authority over interscholastic activities to the county boards of education and the Second Schools Activities Commission, W. Va. Code § 18-2-25 is nevertheless constitutional because such supervisory authority must be exercised subject to the ultimate authority of the State Board of Education to generally supervise the public schools of this State pursuant to W. Va. Const. art. XII, § 2.
Webster County Board of Education v. Wanetta Johns, No. 21965 (W. Va. July 20, 1994) (Workman, J.): 191 W.Va. 664, 447 S.E.2d 599:
Ruling that the appellant had been wrongfully denied a position as kindergarten aide where the person chosen did not formally apply for the vacancy, the Court hled that a board of education may not assign an employee to a newly-created service personnel position if the employee did not apply for the position and another qualified individual with superior seniority did apply for the position.
Dorris Berry v. Kanawha County Board of Education, No. 21957 (W. Va. June 16, 1994)(Miller, J.): 191 W.Va. 422, 446 S.E.2d 510:
Reversing a decision which validated a school board's decision to transfer a senior clerk to a shorter-term position than less senior clerks, the Court held that if a school board decides to reduce the number of school service personnel positions, it must follow the reduction-in-force provisions of W. Va. Code § 18A-4-8b.
State of West Virginia ex rel. Robert J. Estes v. Honorable L.D. Egnor, Judge of the Circuit Court of Cabell County, and Christopher Chiles, Prosecuting Attorney for Cabell County, No. 21955 (W. Va. February 18, 1994) (Miller, J.): 191 W.Va. 36, 443 S.E.2d 193:
Rejecting an attempt to prosecute an 18-year-old student for misdemeanor truancy, the Court held that although an 18-year-old student may be suspended for excessive absenteeism under W. Va. Code § 18-8-8, and denied readmittance under W. Va. Code § 18-5-15(c), such student may not be prosecuted pursuant to W. Va. Code § 18-8-2, which provides that any person who has legal or actual custody of a child and receives due notice that the child has failed to attend school and, despite such notice, fails to cause the child to attend school, may be guilty of a misdemeanor.
Giles Jones v. Monroe County Board of Education, No. 21718 (W. Va. February 17, 1994) (Neely, J.) 190 W.Va. 646, 441 S.E.2d 367:
Affirming a school board's decision not to hire an applicant for an assistant superintendent's position based, in part, on the applicant's public stance on the school board's consolidation plans, the Court held that (1) neither seniority nor date doctorate awarded creates any order of preference among competing applicants for assistant school superintendent's position, and (2) the higher the governmental position to which an applicant applies in terms of its policy-making authority, the more legitimate the applicant's positions on public issues becomes a legitimate factor.
Drema Miller, et al. v. Board of Education of the County of Boone, No. 21665 (W. Va. November 1, 1993) (McHugh, J.): 190 W.Va. 153, 437 S.E.2d 591:
Reversing a circuit court order awarding a hearing to certain school service personnel, the Court held that W. Va. Code § 18A-2-8a does not require the board of education or superintendent to take affirmative action before the first Monday in May when not rehiring probationary employees other than notifying the employees that they will not be rehired, and if requested, providing a reason for the nonrenewal and a hearing.
State of West Virginia ex rel. West Virginia Board of Education, et al. v. Honorable Roger L. Perry, Judge of the Circuit Court of Logan County, et al., No. 21697 (W. Va. July 16, 1993) (Miller, J.): 189 W.Va. 662, 434 S.E.2d 22:
Where citizens sought to challenge school consolidation decision of state board through a writ of certiorari proceeding, the Court held (1) W. Va. Code § 29A-1-2(b) defines contested case as a proceeding that involves rights, duties, interests, or privileges of specific parties which are required by law to be decided after an administrative hearing; (2) W. Va. Code § 29A-1-2(b) does not create a substantive right to a hearing for parties; and (3) neither statutes relating to school closing or consolidation nor regulations of the state board of education mandate an administrative hearing prior to its decision to accept, reject, or modify a local board's plan to close or consolidate.
State of West Virginia ex rel. Jeanne V. Melchiori v. Board of Education of the County of Marshall, No. 21115 (W. Va. December 18, 1992) (Workman, J.): 188 W.Va. 575, 425 S.E.2d 251:
Where boards of education seek to transfer teachers to positions for which they are certified, but have no practical experience, as the result of a reduction-in-force, the Court held that a county board of education must make a showing that its assignment of a displaced teacher is sound when the teacher is assigned to instruct in an area for which she is certified, but has not been employed to teach, where an alternative assignment in an area in which the teacher has previously been employed to teach is available under the seniority framework.
Lincoln County Board of Education v. Martha Adkins, Merle Manns, Margaret Ellis, Deborah Forth, Janice Adkins, Judy Mabe, and Tola Hutchinson, No. 21000 (W. Va. December 14, 1992) (Brotherton, J.): 188 W.Va. 430, 424 S.E.2d 775:
In an opinion granting boards of education greater flexibility in class scheduling, the Court upheld the Lincoln County Board of Education's adoption of an eight-hour workday for its teachers, which required scheduling of their statutory planning period at the beginning or at the end of each workday, holding that W. Va. Code § 18A-4-14(2) (1988) does not require that schedules be arranged so that a teacher's planning period occurs during the instructional portion of the workday.
Ed Pell, Jim E. Craft, Glenn Dowdy, Charles Allen and Bobby A. Via v. Board of Education of Monroe County; and Kyle Baker, Robert Weikle, Harry H. Mohler, Sharon Harris and Steve Miller, each individually, Members of the Board of Education of Monroe County and School Building Authority of West Virginia, Intervenor, No. 21414 (W. Va. November 25, 1992) (McHugh, C.J.): 188 W.Va. 718, 426 S.E.2d 510:
Rejecting an attempt by a newly-constituted board of education to abandon a school consolidation plan approved by the previous board and the state board of education, the Court held that if a school consolidation plan has been developed by a county board of education, approved by the state board of education, submitted to the regional planning agency, approved by the state school building authority, resulted in the execution of construction contracts, and satisfied all requirements for approval, notice, and hearing, it is arbitrary and capricious for a county board of education, with no articulated reasons, to take action to abandon the consolidation plan, where such action would jeopardize state funding for consolidation.
Board of Education of the County of Grant v. Patricia Townshend, No. 20662 (W. Va. May 28, 1992) (Brotherton, J.): 187 W.Va. 249, 418 S.E.2d 359:
Ruling in favor of principal whose position the board of education sought to eliminate, the Court held under the 1990 version of W. Va. Code § 18-9A-4, any reductions in force were to be made in a specific manner, with central office administrators eliminated first, followed by assistant principals, and then principals. The Court also noted that under the current version of W. Va. Code § 18-9A-4, the pertinent language has been changed from mandatory to permissive.
Joyce Triggs v. Berkeley County Board of Education, No. 20220 (W. Va. May 15, 1992) (Neely, J.): 187 W.Va. 500, 420 S.E.2d 260:
Where board of education refused to credit applicant with seniority credit for her 11 years of service as a full-time teacher on the ground that she had lost her seniority when she voluntarily resigned in 1971, the Court affirmed, holding that because W. Va. Code § 18A-4-8b(a) does not clearly bestow seniority on teachers who voluntarily terminate their employment, a teacher who voluntarily terminates his or her employment loses all seniority rights for rehiring purposes. The Court further held, however, that it is impermissible for school systems to ignore prior experience in favor of employing inexperienced teachers whose non-existent or limited seniority would entitle them to a lower level of compensation. Moreover, on a procedural issue regarding a school system's appeal rights, the Court held that a county board of education or superintendent may appeal a grievance decision made by the superintendent's design at level two or by an independent hearing examiner at level four. Finally, following a petition for rehearing, the Court clarified the applicability of its holding regarding split seniority, stating that, "[T]his opinion shall have no retroactive application and those school employees who were awarded seniority after a break in service prior to our decision in this case shall retain such seniority."
Phillip Hudok v. Board of Education of Randolph County, etc., et al., No. 20808 (W. Va. March 24, 1992) (McHugh, C.J.): 187 W.Va. 93, 415 S.E.2d 897:
Directing a board of education to allow a father to exhaust his accumulated leave prior to taking up to twelve weeks of unpaid parental leave, the Court held that W. Va. Code § 21-5D-4 mandates unpaid parental leave for up to twelve weeks, after the exhaustion of all annual and personal leave, during any twelve month period, because of the birth of a child covered by the Parental Leave Act, including county board of education employees.
Board of Education of the County of Wood, a West Virginia statutory corporation v. Donald Enoch, No. 20289 (W. Va. February 6, 1992) (Neely, J.): 186 W.Va. 712, 414 S.E.2d 630:
Rejecting a teacher's claim that his superior summer school seniority entitled him to a position at a school which provided summer instruction for handicapped students, rather than the successful candidates who had been teaching at the school, the Court held that although hiring for special summer programs established pursuant to the Education for All Handicapped Children Act, 20 U.S.C. §§ 1411, et seq., are governed by W. Va. Code § 18A-4-7a, hiring must be based primarily upon the applicants' qualifications, with seniority bearing on the decision only where differences in qualifications are insufficient to form the basis for an informed and rational decision.
Patricia Pockl v. Ohio County Board of Education, No. 19935 (W. Va. June 13, 1991) (Miller, C.J.): 185 W.Va. 256, 406 S.E.2d 687:
Clarifying its holding in Dillon v. Board of Education, 177 W.Va. 145, 351 S.E.2d 58 (1986), with respect to principalships, the Court held that, unlike teachers, principals or assistant principals are not required to be hired on the basis of their qualifications, but that boards of education may consider other, more subjective, factors, such as personality traits.
David Robbins, Diana Parks, and James David v. McDowell County Board of Education, No. 20113 (W. Va. November 1, 1991) (Miller, C.J.): 186 W.Va. 141, 411 S.E.2d 466:
Where vocational teachers sought an award of the same experiential increments previously awarded to other vocational teachers in the system, the Court held that although county-wide supplemental pay schedules can only be reduced if one of the three criteria set forth in W. Va. Code § 18A-4-5a is present, this limitation does not apply to more limited, special supplements, which may be withdrawn or canceled as long as such supplements are treated uniformly for all those performing like assignments and duties within the county.
Ergie Smith, Jr. v. The County Commission of McDowell County, sitting as a Board of Canvassers; Roy Jack (Johnny) Allen,; Sid Bell; and the McDowell County Board of Education, No. 19740 (W. Va. December 13, 1990) (Workman, J.): 184 W.Va. 328, 400 S.E.2d 572:
Reversing a decision to disqualify a school board candidate on the ground that an incumbent member had changed his residency shortly before the election to the same magisterial district as the disqualified candidate, the Court held that an incumbent school board member cannot change residence on or after the filing deadline to another magisterial district and retain his or her seat on the board to the exclusion of a candidate who has already filed to run for a vacant seat in such magisterial district and who has been elected.
Larry Brown v. Wood County Board of Education, No. 19364 (W. Va. November 30, 1990) (Workman, J.): 184 W.Va. 205, 400 S.E.2d 213:
Affirming the imposition of discipline against a teacher for his grade policies, the Court held that a school board may use performance criteria other than those articulated in the local policy manual if the board promptly notifies a teacher of the use of such criteria and provides the teacher with an opportunity to improve before taking an action based upon such "employee-specific" criteria.
Nettie Bright and Lela Sponaugle v. Tucker County Board of Education, No. 19419 (W. Va. November 9, 1990) (Brotherton, J.): 184 W.Va. 33, 399 S.E.2d 176:
Ruling in favor of two teachers who sought credit for their experience as former Head Start instructors, the Court held that the term "years of experience" in W. Va. Code § 18A-4-1(1) includes "active work in educational positions other than the public schools," and that the term "teacher" in W. Va. Code § 18-1-1(g) includes "any other person regularly employed for instructional purposes in a public school in this State."
The Board of Education of County of Kanawha v. The West Virginia Board of Education and State of West Virginia ex rel. Thornton Cooper v. Henry Marockie; The West Virginia State Board of Education; and the Board of Education of the County of Kanawha, and Douglas Skaff, individually, and on Behalf of Concerned Citizens and Parents of the South Charleston Junior High School Attendance Area, No. 19736 (W. Va. October 11, 1990) (Miller, J.): 184 W.Va. 1, 399 S.E.2d 31:
Rejecting a challenge to the authority of the state board of education to disapprove school consolidations, the Court held that county boards do not have unlimited authority to close and consolidate schools; that their recommendations to the state board may be rejected if they fail to comply with applicable statutes or regulations; that the state board has discretion to accept or reject the recommendations of county boards regarding school closings or consolidations; and, that state board decisions on school closings or consolidations will not be overturned unless such decisions are unreasonable or arbitrary. On a related point, however, the Court remanded the case for further proceedings because the state board failed to comply with its obligation to state its reasons for rejecting the proposed consolidation.
Richard Cruciotti v. Tom McNeel, West Virginia State Superintendent of Schools; The Board of Education of Ohio County; and Henry Marockie, Superintendent of Ohio County Schools, No. 19083 (W. Va. July 20, 1990) (McHugh, J.): 183 W.Va. 424, 396 S.E.2d 191:
In accepting a rejected applicant's challenge to a school board's requirement that he perform both coaching and athletic trainer duties in order to be considered for a coaching position, the Court held because the duties of an athletic trainer are statutorily defined as "extra- curricular," the assignment of such duties can only be made by mutual agreement, and the applicant's contract of employment could not be conditioned upon his acceptance of the extracurricular duties of an athletic trainer.
Alan H. Townshend v. The Board of Education of the County of Grant, No. 19170 (W. Va. July 19, 1990) (Neely, C.J.): 183 W.Va. 418, 396 S.E.2d 185:
In rejecting a husband's attempt to remain as a teacher in the school where his wife is principal, the Court held that a board of education policy prohibiting one spouse from holding a supervisory position over another spouse bears a rational relationship to the legitimate purposes of preventing favoritism, conflicts of interest, and the appearance of impropriety.
The Board of Education of the County of Harrison v. Karen Bowers, No. 19200 and Ronald A. Fragale v. Harrison County Board of Education, No. 19201 (W. Va. July 11, 1990) (Workman, J.): 183 W.Va. 399, 396 S.E.2d 166:
Where central office administrators whose positions were eliminated through reductions-in-force sought to "bump" other administrators will less seniority, the Court held central office administrators do not accrue seniority separate from their overall seniority as professional personnel unless an administrative certificate with a specific endorsement is required for the position held.
Daniel J. Bledsoe v. Wyoming County Board of Education, No. 19198 (W. Va. June 12, 1990) (Miller, J.): 183 W.Va. 190, 394 S.E.2d 885:
Overturning the reinstatement of a maintenance supervisor convicted of extorting campaign contributions from suppliers, the Court held that where a school board employee commits a criminal act directly involving his or her duties, the employee may be dismissed. The Court further held that such dismissal is proper even if (1) the employee has a good work record; (2) the employee is respected in the community; and, (3) the criminal misconduct occurred during non-work hours at a place other than the work site.
Jefferson County Board of Education v. Jefferson County Education Association and Betty Jo Walter, its President; et al., No. 19575 (W. Va. April 12, 1990) (Miller, J.): 183 W.Va. 15, 393 S.E.2d 653:
In affirming a circuit court award of an injunction against members of a teachers' union from continuing a work stoppage, the Court held that (1) in the absence of legislation, public employees do not have the right to strike and (2) the right of public employees to bargain collectively, to have mediation and binding arbitration, and to strike are matters best resolved in the legislative arena. In affirming the circuit court's certification of a class action against the teachers' union, the Court held that the propriety of a class action depends on whether (1) the persons constituting the class are so numerous as to make it impractical to bring them all before the court; (2) the name individuals joined will fairly insure adequate representation of the class; and, (3) the rights asserted against or on behalf of those in the class are of the character specified in the rule.
Jayne Spahr, Carolyn Bolyard, Catherine Burke, Karen Huffman, and Marilyn Wolfe v. The Preston County Board of Education, No. 19082 (W. Va. March 23, 1990) (Miller, J.): 182 W.Va. 726, 391 S.E.2d 739:
Where county board inadvertently failed to comply with agreement to pay certain teachers a salary supplement beginning with the 1982-83 school year, but such teachers did not learn of the agreement until four years later, when they promptly filed their grievance, the Court held that W. Va. Code § 18-29-4(a) (1), imposing a 15-day time limit for filing grievances, contains a discovery rule exception which extends the time to the point at which the grievant learns of the facts giving rise to the grievance.
State of West Virginia ex rel. Garry R. Tenny v. Board of Education of Webster County, et al., No. 19265 (W. Va. December 21, 1989) (Workman, J.): 182 W.Va. 395, 387 S.E.2d 862:
In affirming circuit court's rejection of mandamus action by an individual who was elected school superintendent pursuant to the vote of a school board member, whose eligibility to hold such office was in controversy at the time of the superintendent's election, and who was later determined to be ineligible due to his chairmanship of county executive committee, the Court held that the validity which ordinarily attends the act of a de facto officer under W. Va. Code § 6-5-3 does not apply when a person who would benefit therefrom knew or reasonably should have known that it was not the act of a legal officer.
Harold D. Carpenter and William M. Armentrout v. Junior R. Cobb, No. 19184 (W. Va. December 21, 1989) (Miller, J): 182 W.Va. 391, 387 S.E.2d 858:
In affirming a circuit court's removal of a school board member pursuant to his chairmanship of his political party's county executive committee, the Court held that a chairman selected by the members of a political party executive committee under W. Va. Code § 3-1-9 is ineligible to hold office as school board member under W. Va. Code § 18-5-1a which prohibits "an elected or an appointed member of any political party executive committee" from membership on a county board of education. In rejecting the argument that the statutory restriction violated the fundamental right to candidacy for elective office, the Court noted the inter- relationship between the prohibition and the nonpartisan nature of school board elections, and held that insulation of county school boards from partisan politics constitutes a compelling state interest.
Erin Israel, by her next friend, Patricia Israel v. West Virginia Secondary Schools Activities Commission and the Board of Education of Pleasants County, No. 18904 (W. Va. December 20, 1989) (Miller, J.): 182 W.Va. 454, 388 S.E.2d 480:
Where circuit court had affirmed SSAC prohibition against female students participating on male baseball teams, the Court reversed, holding that, in order to pass constitutional muster under the federal and state constitutions, classifications by gender must serve important governmental objectives and must be substantially related to achieving those objectives. In adopting this intermediate scrutiny test, the Court expressly overruled its holding in Syl. pt. 2, Peters v. Narick, 165 W. Va. 622, 270 S.E.2d 760 (1980), that gender-based classifications are subject to strict scrutiny. Even applying its newly announced intermediate scrutiny test, however, because baseball and softball are not "substantially equivalent," differing primarily in the level of skill required, the Court held that the SSAC rule prohibiting female participation on male baseball teams violated equal protection principles.
Mary Beth Perilli v. The Board of Education of Monongalia County, No. 18913 (W. Va. November 29, 1989) (Neely, J.): 182 W.Va. 261, 387 S.E.2d 315:
Where plaintiff alleged sex discrimination in the filling of two vacancies in assistant principalships, the Court held that a plaintiff in a sex discrimination case, which is akin to a tort action, has a right to a jury trial of factual claims that would entitle the plaintiff to damages for personal injury. Where plaintiff had greater seniority than two successful applicants, and similar qualifications, the Court held that, although relevant statutes do not mandate that the most senior teachers be employed as administrators, the failure to select the most senior applicant for a position can be a relevant piece of evidence in determining whether unlawful discrimination occurred.
Randolph County Board of Education v. Bonnie Scalia, Harry L. Vannoy, John P. Horn, John J. Rector, and Ben L. Johnson, Jr., No. 18743 (W. Va. November 21, 1989) (Miller, J.): 182 W.Va. 289, 387 S.E.2d 524:
Where four guidance counselors and one librarian challenged the county practice of mandating their performance of substitute teaching, which allegedly interfered with the performance of their counseling and library duties, the Court held that although the county superintendent may "[a]ct in case of emergency as the best interests of the school demand," the essential elements of an "emergency" are that the condition be "unforeseen or unanticipated" and that it call for "immediate action." Before a "fiscal emergency" can be found, the Court held, it must be demonstrated that the amount placed in the budget was "reasonable in light of all the attendant circumstances, including prior budgetary experiences." Because the line item for substitute teachers had been historically underfunded, the Court held that a "fiscal emergency" did not exist which justified compelling the performance of substitute teaching by counselors and librarians. Finally, in a procedural holding on scope of review, the Court held that findings of fact by the Educational Employees Grievance Board should not be reversed unless "clearly wrong."
Chris W. Hamilton v. West Virginia Secondary Schools Activities Commission, No. 19185 (W. Va. November 8, 1989) (Neely, J.): 182 W.Va. 158, 386 S.E.2d 656:
Where the Secondary Schools Activities Commission [SSAC] sought to apply its "red-shirt" rule to a student-athlete who repeated the ninth grade for academic reasons, the Court held that the SSAC is only authorized to promulgate "reasonable" regulations, and that it acted "unreasonably" in the application of a rule designed to prevent repetition of a grade for "athletic" reasons when it failed to consider legitimate "academic" reasons for such repetition.