Home/West Virginia Supreme Court/Higgins v. Board of Education

Higgins v. Board of Education

286 S.E.2d 682, 168 W. Va. 448, 1981 W. Va. LEXIS 828
CourtWest Virginia Supreme Court
DecidedDecember 11, 1981
DocketNo. 15201
StatusPublished
Cited by5 cases

This text of 286 S.E.2d 682 (Higgins v. Board of Education) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Higgins v. Board of Education, 286 S.E.2d 682, 168 W. Va. 448, 1981 W. Va. LEXIS 828 (W. Va. 1981).

Opinions

Neely, Justice:

In this case we are asked to illuminate the applicability of State Board of Education Policy 5300 to the selection of personnel for voluntary transfer and promotion. We find that by clear and unambiguous wording, policy 53001 applies to voluntary transfers and promotion; however, policy 5300 does not imply that the evaluation of applicants for promotion must be made on an entirely mechanical basis. Informed subjective judgment on the part of the appointing authorities is still a relevant criterion.

This is an appeal from an action for declaratory judgment in the Circuit Court of Randolph County where the appellant asserted that she was denied a position as a high school English teacher at Elkins High School while a less qualified applicant was awarded the position. The circuit court held that the County Board of Education had acted properly under its policies, rules, and regulations and that there was no evidence of arbitrary or capricious conduct. We affirm.

Sometime in March, 1980, appellant learned of the possibility that an incentive position for a teacher would be created at Elkins High School, and, based on this possibility appellant applied for the position. In mid-April, 1980 a notice was distributed to the Randolph County schools advising of several new or additional teaching positions, including the one for which the appellant had applied. After the publication of the notice, the appellant was interviewed by administrative personnel in the superintendent’s office and in May, 1980 appellant learned that [450]*450the position had been awarded to another applicant who had fewer years of teaching experience and, unlike appellant, did not possess a master’s degree.

Appellant filed a grievance to obtain an explanation of why she had been denied the position. After proceeding through levels I, II, and III, a level IV grievance hearing was held by the Randolph County Board of Education on 1 July 1980. On 15 July 1980 the President of the Board of Education rendered a written decision based upon the earlier hearing in which he stated, inter alia that “all applicants were interviewed and many factors were taken into consideration;” the successful applicant “was the one recommended and subsequently approved;” and, in his opinion, “neither State Policy 5300 nor Randolph County Policy EBD was violated” by the placement of a person whom appellant argued was less trained and less experienced in the new position.

I.

The record indicates that the principal at Elkins High School was looking for a teacher who could both teach English and sponsor the high school cheerleading squad. The successful applicant, Barbara Zimmerman, had experience in both of these areas on the high school level. Ms. Zimmerman had also served as yearbook sponsor at Tygarts Valley High School. The record indicates that at the interview Ms. Zimmerman appeared to be more en-thusiatic and was evaluated as having a better personality for high school work. The appellees argue that notwithstanding the appellant’s superior academic credentials and greater years of experience, the personal qualities and specific high school experience of Ms. Zimmerman made her the better qualified applicant to fit the particular requirements of the Elkins High School position.

The record in this case is replete with the respective evaluations of the appellant and Ms. Zimmerman for the years 1978 thru 1980. A recapitulation of these evaluations is as follows:

[451]

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Related

State Ex Rel. Boner v. Kanawha County Board of Education
475 S.E.2d 176 (West Virginia Supreme Court, 1996)
Brown v. Wood County Board of Education
400 S.E.2d 213 (West Virginia Supreme Court, 1990)
Tenney v. BOARD OF EDUC. BARBOUR COUNTY
398 S.E.2d 114 (West Virginia Supreme Court, 1990)
Dillon v. Bd. of Educ. of County of Wyoming
351 S.E.2d 58 (West Virginia Supreme Court, 1986)
Higgins v. BD. OF ED., RANDOLPH CTY.
286 S.E.2d 682 (West Virginia Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
286 S.E.2d 682, 168 W. Va. 448, 1981 W. Va. LEXIS 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-board-of-education-wva-1981.