Harmon v. Fayette County Board of Education

(Filed July 21, 1999)

Even if I agreed with the majority’s assessment that appellants failed to demonstrate that their work was primarily devoted to counseling students so as to put them under the rubric of “classroom teacher” as defined in W.Va.Code § 18A-l-l(c)(l)— which I do not — the absence of such proof in this isolated case does not form a sufficient factual basis upon which to broadly hold that all attendance personnel fall outside such designation, and should therefore be denied the salary supplement in question.

The majority recognizes that “the degree to which a professional educator…