transfer for the following 2011-2012 school term. The County Superintendent indicated that the school system was being restructured to eliminate all Assistant Principal Positions. Grievant was advised by these notices of her right to request a hearing prior to any action by the State Superintendent on the County Superintendent's recommendations.

  1. Grievant requested a hearing which was held by the State Superintendent's designee, Benjamin Shew, on January 20, 2011. At the hearing, Grievant contended that she should be allowed to bump a Principal or Central Office Administrator, including a Supervisor of Curriculum and Instruction, pursuant to W. Va. Code § 18A-4-7a.
  2. On January 28, 2011, Mr. Shew issued a written decision rejecting Grievant's objections to her transfer.
  3. On April 7, 2011, the Personnel Director for McDowell County Schools, Barbara Miller, notified Grievant in writing that she was being transferred to a position of MI/LD classroom teacher at River View High School, effective August 17, 2011.
  4. Prior to the beginning of the 2011-2012 school year, Grievant applied for and was selected to fill a vacant position for a fourth grade teaching position at Welch Elementary School.
  5. McDowell County Schools posted notices of vacancy for the position of Supervisor of Curriculum and Instruction at Mount View High School on four separate occasions: May 18-25, 2011; June 27-July 6, 2011; July 12-18, 2011; and August 11-17, 2011.