Karr v. Board of Education

506 S.E.2d 355, 203 W. Va. 100, 1998 W. Va. LEXIS 109
CourtWest Virginia Supreme Court
DecidedJuly 13, 1998
DocketNo. 24756
StatusPublished
Cited by2 cases

This text of 506 S.E.2d 355 (Karr 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
Karr v. Board of Education, 506 S.E.2d 355, 203 W. Va. 100, 1998 W. Va. LEXIS 109 (W. Va. 1998).

Opinion

PER CURIAM:1

The appellant in this proceeding, Jo Ellen Karr, claims that the Circuit Court of Jackson County erred in refusing to issue a writ of mandamus directing the Board of Education of Jackson County to provide her with relief for its improper refusal to place her in a teaching position in the Jackson County schools.2 She argues that she was the most qualified candidate for the position and that the Board of Education had a legal duty to place her in that position.

I.

FACTUAL BACKGROUND

Stipulations in this case show that the appellant, Jo Ellen Karr, is a professional educator with a master of business education degree. She holds a professional teaching certificate issued by the West Virginia Department of Education and, prior to 1986, she had five and one-half years of teaching experience in business education, four and one-half of which were with the Board of Education of Jackson County. She also had two years and two months of substitute teacher experience.

In July of 1986, a business education teacher at Ravenswood High School in Jackson County was granted a one-year leave of absence by the Board of Education of Jackson County. The appellant, who was then not a full time teacher but a substitute, and two other candidates, Brian Canterbury and Beverly Eisner, applied for the one-year vacancy created by the leave of absence. In July 1986, the superintendent of the Jackson County school system recommended that Brian Canterbury be placed in the vacancy, and, later, the Board of Education accepted that recommendation.

As a consequence of the Board’s action, the appellant, who believed she was more qualified than Brian Canterbury, petitioned the Circuit Court of Jackson County for a writ of mandamus to compel the Board of Education of Jackson County to grant her relief for its failure to place her in the position.

After various documents had been filed and the case had been submitted, the circuit • court, on April 17, 1997, issued a decision denying the writ of mandamus. The court concluded that the Board of Education had [102]*102considerable 'discretion in matters related to the assignment of school personnel and that the Board, in hiring Brian Canterbury, had acted within the framework of West Virginia Code § 18A-4-8b(a), which, at the times in issue in the present case, provided, in relevant part:3

[A] county board of education shall make decisions affecting promotion and filling of any classroom teacher’s position occurring on the basis of qualifications. If the applicant with the most seniority is not selected for the position a written statement of reasons shall be given to the applicant with the most seniority with suggestions for improving the applicant’s qualifications.

The court also noted that in Syllabus Point 4 of Dillon v. Board of Education of County of Wyoming, 177 W.Va. 145, 351 S.E.2d 58 (1986), that:

Mandamus will lie to control a board of education in the exercise of its discretion upon a showing of caprice, passion, partiality, fraud, arbitrary conduct, some ulterior motive, or misapprehension of the law.

In the present case, the circuit court concluded that the appellant had failed to show that the Board of Education of Jackson County had acted with caprice, passion, partiality, fraud, some ulterior motive, or misapprehension of the law and that, as a consequence, she had failed to show a clear legal right to the relief. The court accordingly denied the appellant the relief which she sought.

In the present appeal, the appellant claims that the circuit court erred in failing to find that she had demonstrated a clear legal right to the writ of mandamus which she sought. She also claims that the circuit court erred in failing to find that she was more qualified than Brian Canterbury for the position in question and in failing to place her in that position.

II.

STANDARD OF REVIEW

As indicated in McComas v. Board of Education of Fayette County, 197 W.Va. 188, 193, 475 S.E.2d 280, 285 (1996):

Our standard of review in mandamus actions was recently stated in Staten v. Dean, 195 W.Va. 57, 464 S.E.2d 576 (1995), and in State ex rel. Cooper v. Caperton, 196 W.Va. 208, 470 S.E.2d 162 (1996). In Syllabus Point 1 of Staten, supra, we found: “The standard of appellate review of a circuit court’s order granting relief through the extraordinary writ of mandamus is de novo.” However, “[w]e review a circuit court’s underlying factual findings under a clearly erroneous standard.” Staten v. Dean, 195 W.Va. at 62, 464 S.E.2d at 581. This means, as we stated in Cooper, that “we consider de novo whether the legal prerequisites for mandamus relief are present.” 196 W.Va. at 214, 470 S.E.2d at 168. As to other underlying issues, we review either for an abuse of discretion or under a clearly erroneous standard.

III.

DISCUSSION

In the present case, the Court notes that W.Va.Code § 18A-4-8b(a), as in effect at the time of the filling of the vacancy in question, did not require the placement of a particular individual in a teaching position. Rather, it required that placement be made “on the basis of qualifications.”

From the documents filed in the present case, it appears that both the appellant and Brian Canterbury had the certification to teach business education at the grade levels in issue. However, the appellant had a Masters Degree in the particular area of business education. Brian Canterbury had less education in that he had only an A.B. degree, and there is no showing that he had a specialization, such as that of the appellant. Moreover, the appellant had five and one-half years of teaching business education, and Brian Canterbury had no such experience.

It thus appears to this Court that the appellant, from both an educational and an [103]*103experiential perspective, was more qualified to teach business education.

From the documents filed in this case, it appears that the Court and the Board of Education of Jackson County placed great emphasis on the evaluations received by the appellant and Brian Canterbury in determining that Brian Canterbury was the more qualified applicant. A careful examination of those evaluations shows that a number of full-time evaluations were produced for the appellant and that not one was produced for Brian Canterbury. In the absence of comparative evaluations, the appellant’s full-time evaluations cannot serve as a practical criterion for determining which of these two candidates was the more qualified.4 A number of substitute teacher evaluations were produced for both candidates, and Brian Canterbury’s were somewhat better than the appellant’s.

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Related

Board of Education v. Gaudino
575 S.E.2d 250 (West Virginia Supreme Court, 2002)

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Bluebook (online)
506 S.E.2d 355, 203 W. Va. 100, 1998 W. Va. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karr-v-board-of-education-wva-1998.