Trimboli v. Board of Education

I respectfully dissent from the Court’s opinion upon the ground that it creates not only an unnecessary but a fundamentally unsound burden on public school administration in West Virginia. While the majority concludes correctly that Mr. Trimboli was an untenured administrator, they err in holding that West Virginia Board of Education Policy No. 5300(6)(a) requires formal evaluation and improvement periods before a policy making employee may be terminated or transferred. Even if Pol*15icy No. 5300(6)(a) imposes a condition precedent to the discharge or transfer of employees who do not make…