Flint v. Board of Educ. of County of Harrison
In Flint v. Board of Educ. of County of Harrison, 207 W.Va. 251, 256, 531 S.E.2d 76, 81 (1999), the Court concluded that such discretion must be exercised in accordance with statutory requirements of uniformity, finding that "while it is clear that the BOE had the authority in the early 1980s to replace vacant 261-day positions with 240-day contracts, it could not disregard the uniformity requirement of W.Va.Code 18A-4-5b." 207 W.Va. at 257, 531 S.E.2d at 82.
The Flint Court consequently held that the 240-day contract employees were "entitled to compensation under 261-day contracts." Id.
In Flint, the Court examined the relevant statutes and addressed their impact on the 240-261 day contract controversy, explaining as follows:
"Although the BOE acknowledges that plaintiffs Flint and Anderson are similarly situated to Mr. Dawson and Mr. Richards, it claims that it is not required to afford these plaintiffs the same contract terms because W.Va.Code 18A-4-8 only entitles service personnel to an employment term of 200 days. The BOE argues that because the statute empowers, but does not require, the BOE to contract with "all or part of these personnel for a longer term," it does not require uniformity in the length of service employees' contracts. We disagree."