Board of Education v. Townsend

Citations: 210 W. Va. 362; 557 S.E.2d 769; 2001 W. Va. LEXIS 150Docket: No. 29838

Court: West Virginia Supreme Court; November 28, 2001; West Virginia; State Supreme Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

Kitty Townsend appeals a Circuit Court decision denying her seniority credit for substitute teaching with the Mercer County Board of Education during the 1989-1990 school year. Townsend, a certified teacher, worked over 133 days substituting for the same teacher. In 1996, she applied for a full-time teaching position but lost to Sherry Foy, despite believing her qualifications were superior. Townsend's grievance was partially upheld by an administrative law judge, who granted her a year of seniority credit. However, the Board of Education appealed, and the Circuit Court reversed this decision, citing W. Va.Code 18A-4-7a(g) as retroactive and precluding seniority credit. Townsend's subsequent appeal led to the Supreme Court reversing the Circuit Court's ruling, determining that the statute did not apply retroactively. The case was remanded to the Circuit Court to investigate the Board’s historical practices concerning seniority for substitutes and whether a statewide policy existed at that time. The Court indicated that if it was found that other teachers received seniority credit, Townsend should be granted the same consideration.

Upon remand, the Circuit Court of Mercer County held an evidentiary hearing where Dr. Deborah Akers, Superintendent of the Mercer County School System, initially claimed that substitutes lacked seniority credit for permanent positions before August 31, 1990. However, she later acknowledged that the Mercer County Board of Education had granted seniority credit to long-term substitutes due to unappealed adverse administrative decisions. Counsel for Ms. Townsend presented numerous administrative decisions from the West Virginia Education and State Employees Grievance Board that showed long-term substitutes received seniority credit in various counties, aligning with the precedent set in Harkins v. Ohio County Board of Education, which directed such credit be granted.

Additionally, a statement from the State Superintendent indicated that substitutes could earn seniority after working 133 days in a school year, continuing to accumulate it as long as they remained substitutes. Despite this, the circuit court ruled that the Mercer County Board of Education did not award seniority to substitutes for permanent position applications during the relevant period, concluding that although substitutes received seniority for pay, it did not extend to full-time employment. Consequently, the court denied Ms. Townsend's claim for seniority, prompting her appeal.

The appellate court emphasized its review standards, noting that it assesses final orders under an abuse of discretion standard, facts under a clearly erroneous standard, and legal conclusions de novo. It reiterated that if evidence showed the Mercer County Board had never awarded seniority for substitute teaching time, Ms. Townsend would be denied such credit. Conversely, if evidence indicated a uniform statewide policy supported granting seniority, it would favor Ms. Townsend. The appellate court found that the circuit court did not adequately address whether any teacher had been awarded seniority during the relevant period and determined that evidence showed at least one teacher had received such credit.

The circuit court incorrectly determined that there was no statewide practice of granting seniority for continuing employment, while evidence indicates such a practice existed, influenced by a prior court decision in Harkins v. Ohio County Board of Education. The Court found that the circuit court erred in its assertion that no teacher had received seniority. Consequently, the judgment is reversed and the case is remanded with instructions for Ms. Townsend to be granted the seniority she claims. Additionally, West Virginia Code 18A-4-7a(g) stipulates that substitute teachers can accrue seniority for employment as permanent, full-time teachers after completing 133 days of work in a school year, with seniority calculated pro rata based on actual days worked.