(DOWNLOAD) "Carvey V. West Virginia State Board Of Education" by West Virginia Supreme Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Carvey V. West Virginia State Board Of Education
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 15, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
The appellant herein and defendant below, the Center for Professional Development [hereinafter "the Center"], appeals the orders of the Circuit Court of Kanawha County entered on January 15, 1999, and April 1, 1999. In these orders, the circuit court entered declaratory judgment in favor of the appellees herein and plaintiffs below, H. Kenneth Carvey, Jr., and several other similarly situated principals in West Virginia public schools, and the West Virginia Association of Elementary and Middle School Principals and the West Virginia Association of Secondary School Principals, and their individual members [hereinafter collectively referred to as "Carvey"]. The circuit court ruled that W. Va. Code § 18A-3-2c(i) and W. Va. Code § 18A-3A-1(d), when read in pari materia, require the Center to provide a stipend to those principals and assistant principals [hereinafter collectively referred to as "principals"] who attend the Center's specialized principal training programs outside of their terms of employment. On appeal to this Court, the Center contends that the circuit court erred (1) by finding W. Va. Code § 18A-3-2c(i) to be unconstitutional in its application as a denial of equal protection to similarly situated school principals and (2) by ruling that a contemporaneous reading of W. Va. Code § 18A-3-2c(i) and W. Va. Code § 18A-3A-1(d) requires the Center to pay stipends to principals participating in its training programs. Upon a review of the parties' arguments, the record designated for appellate review, and the pertinent authorities, we affirm, in part, and reverse, in part, the decision of the Circuit Court of Kanawha County. Insofar as the circuit court determined the Center to be the entity responsible for paying stipends to Principals Academy participants, we affirm the lower court's orders. However, to the extent that the circuit court found W. Va. Code § 18A-3-2c(i) to be unconstitutional in its application and concluded that the amount of such stipends should be commensurate with the attendees' daily contractual rate of pay, we reverse the lower court's rulings.
 "Carvey V. West Virginia State Board Of Education" by West Virginia Supreme Court of Appeals ~ Book PDF Kindle ePub Free){kind=link}