An analysis of the laws affecting the employment rights of public school employees in the state of West Virginia

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1988
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Virginia Polytechnic Institute and State University
Abstract

The purpose of this study was to examine provisions of the Constitution of West Virginia, enactments of the West Virginia Legislature, decisions of the West Virginia Supreme Court of Appeals, policies of the West Virginia Board of Education, opinions of the Attorney General, and interpretations of the State Superintendent of Schools to ascertain the legal status of West Virginia public school personnel with respect to their employment rights.

Federal Constitutional provisions, statutes, and court cases were also cited when of overriding importance or when West Virginia legal references were found to be inadequate.

Legal research of the employment process and rights of public school employees focused on the following areas: nomination for employment, discrimination, substantive and procedural due process, certification, employee classifications, probationary and continuing contracts, assignment and transfer, suspension and dismissal, resignation, employment term, and compensation. Other legal provisions reviewed in relationship to West Virginia public school personnel included academic freedom, assignment of duties, personal leave, leaves of absence and other absences, workmen's compensation, unemployment compensation, insurance benefits, retirement, seniority, reductions in force, grievance procedures, employee organizations, and collective bargaining.

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