STATE of West Virginia ex rel., Patricia BONER, individually and as the Mother and next friend of her Son; Twylla Bays, individually and as the Mother and next friend of her Daughter; Sarah McGuire, Georgette Connelly, Dewey Lester, Judith McHugh and Betty Palmer, Public, Full-Time Homebound Teachers in Kanawha County; and James Hale, a Public School Psychologist for the Kanawha County Board of Education, Petitioners,
v.
The KANAWHA COUNTY BOARD OF EDUCATION; Jorea Marple, Superintendent, Kanawha County Schools; The West Virginia Board of Education; and Henry R. Marockie, State Superintendent of Schools, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted January 9, 1996.
Decided July 19, 1996.
Attorney(s) appearing for the Case
Larry Harless, Cockeysville, Maryland., for Petitioners.
Gregory W. Bailey, General Counsel, Charleston, for Respondents Kanawha County Board of Education and Jorea Marple.
John S. Dalporto, Assistant Attorney General, Charleston, for Respondents West Virginia Board of Education and State Superintendent of Schools.
Howard E. Seufer, Jr., Bowles Rice McDavid Graff & Love, Charleston, for West Virginia Association of School Administrators and Boards of Education of Harrison, Jackson, Marion, Mineral, Raleigh, Roane, Tucker, Wayne and Wetzel Counties as Amici Curiae.
William B. McGinley, General Counsel; George P. Surmaitis, Crandall, Pyles & Haviland, Charleston, for West Virginia Education Association as Amicus Curiae.
Mike Kelly, Kelly & Grubb, Charleston, for West Virginia Advocates and West Virginia Federation of Teachers as Amicus Curiae.
Supreme Court of Appeals of West Virginia.
WORKMAN, Justice:
Petitioners1 seek a writ of mandamus directing the Respondent State Superintendent of Schools, Henry Marockie, to refrain from abolishing the positions of seven Kanawha County full-time public school teachers who provide home/hospital (also referred to as "homebound") instruction and one public school psychologist. After examining this issue, we determine that the plan to reduce previously full-time positions to hourly...
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