Practice Areas
Clerkships
- Law Clerk to Honorable John A. Field, Jr., U.S. Court of Appeals for the Fourth Circuit (1977-1979)
Education
J.D., West Virginia University College of Law (1977)
- National Moot Court Team
B.A., Michigan State University (1973)
- With High Honor
Admissions
- Supreme Court of Appeals of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Courts for the Northern and Southern Districts of West Virginia
Howard Seufer has practiced in the area of education law for more than 35 years. During his career, he has served all 55 of West Virginia's county boards of education, all eight of its regional education service agencies, the West Virginia Center for Professional Development, the State Department of Education, West Virginia community colleges and other institutions of higher education. As longtime general counsel to the West Virginia School Board Association, he is state liaison to the National Council of School Attorneys.
Howard is the senior member of the Bowles Rice Education Law Group, which has long been recognized for its work in West Virginia School Law by The Best Lawyers in America® and is listed as "Top Tier" in West Virginia for Education Law by U.S. News & World Report's 2019 Best Law Firms.
In 2020, Super Lawyers® recognized Howard as a “Top Rated Schools & Education Attorney” in West Virginia and Best Lawyers in America again named Howard to their list for West Virginia Education Law, marking the eighteenth consecutive year.
West Virginia Executive magazine honored Howard among its 2018 class of "Sharp Shooters" -- leaders in the state who have a record of active participation in community service and philanthropic efforts.
Within the Bowles Rice Education Law Group, Howard advises and represents clients on issues involving governance, policy, business operations, students and human resources (including grievances). He counsels governing boards on relations with their superintendents and presidents, the Ethics and Open Meetings Acts, and compliance with state and federal rules.
A trained facilitator, Howard is frequently engaged as a presenter and panelist on school law issues, emphasizing preventive legal advice and practical action steps for education leaders and administrators. He is co-founder of the Bowles Rice invitation-only Signature Series Workshops. For more than 15 years, the workshops have provided focused, full-day legal instruction to education administrators in interactive, small group settings.
Howard is an emeritus director and past chair of the nation’s first statewide education fund, the Education Alliance. He previously chaired, and until recently belonged to, the Board of Governors of Southern West Virginia Community and Technical College, and is a volunteer reader with Read Aloud West Virginia at the Mary C. Snow West Side Elementary School in Charleston.
Professional Highlights
- Leader, Bowles Rice Education Law Practice Group (1991-2019)
- Bowles Rice Associate Review Partner
- Counsel since 1983 to the West Virginia School Board Association
- Co-founder, Signature Series Workshops
Representative Cases
- Mayle v. Barbour County Board of Education, No 17-0204, 2018 WL 317375 (W. Va. Supreme Court of Appeals, 2018) (filling aide/ECCAT vacancies).
- Monongalia County Board of Education v. American Federation of Teachers – West Virginia, AFL-CIO, No. 15-0662, 2016 WL 6560057 (W. Va. Supreme Court of Appeals, 2016) (RESA interventionists in the schools)
- Yatauro v. Calhoun County Board of Education, No. 15-0903, 2016 WL 5030280 (W. Va. Supreme Court of Appeals, 2016) (state-ordered contract reductions without hearings)
- Lemasters v. Jackson County Board of Education, No. 15-0339, 2016 WL 2977336 (W. Va. Supreme Court of Appeals, 2016) (teacher duty outside the school day)
- Adkins v. Cabell County Board of Education, No. 14-1213, 2016 WL 3435749 (W. Va. Supreme Court of Appeals, 2016) (accused felon’s suspension)
- Sayre v. Mason County Board of Education, No. 15-0336, 2016 WL 143435 (W. Va. Supreme Court of Appeals, 2016) (lengthening the workday)
- Williams v. Raleigh County Board of Education, No. 14-0958, 2015 WL 6181485 (W. Va. Supreme Court of Appeals, 2015) (service employee reclassification)
- Smith v. Berkeley County Board of Education, No. 15-0062, 2015 WL 7628692 (W. Va. Supreme Court of Appeals, 2015) (administrative fact finding)
- Staats v. Jackson County Board of Education, No. 15-0227, 2015 WL 6181438 (W. Va. Supreme Court of Appeals, 2015) (hours worked)
- Smith v. Berkeley County Board of Education, No. 14-0851, 2015 WL 2364292 (W. Va. Supreme Court of Appeals, 2015) (unemployment compensation and "other gross conduct")
- Eisentrout v. Preston County Board of Education, No. 12-1464, 2013 WL 3242868 (W. Va. Supreme Court of Appeals, 2013) (summer service positions)
- Patterson v. Board of Education of the County of Raleigh, 231 W.Va. 129, 744 S.E.2d 239 (2013) (uniformity of pay and benefits)
- Anderson v. Board of Education of the County of Gilmer, No. 11-1235, 2012 WL 5834898 (W. Va. Supreme Court of Appeals, 2012) (student attendance areas)
- Boards of Education v. Public Employees Insurance Agency, No. 11-0243, 2011 WL 9373981 (W. Va. Supreme Court of Appeals, 2011) (OPEB)
- Alderman v. Pocahontas County Board of Education, 223 W.Va. 431, 675 S.E.2d 907 (2009) (employee speech)
- State ex rel. Board of Education of County of Putnam v. Beane, 224 W. Va. 31, 680 S.E.2d 46 (2009) (circuit court jurisdiction)
- Wines v. Jefferson County Board of Education, 213 W.Va. 379, 582 S.E.2d 826 (2003) (discharging substitutes)
- Baker v. Hancock County Board of Education, 207 W.Va. 513, 534 S.E.2d 378 (2000) (continuing versus probationary contracts)
- Flint v. Harrison County Board of Education, 207 W.Va. 251, 531 S.E.2d 76 (1999) (uniformity of employee benefits)
- Pendleton Citizens for Community Schools v. Marockie, 203 W.Va. 310, 507 S.E.2d 673 (1998) (rural school consolidation)
- Boner v. Kanawha County Board of Education, 197 W.Va. 176, 475 S.E.2d 176 (1996) (independent contractors)
- Byrd v. Mercer County Board of Education, 196 W.Va. 1, 467 S.E.2d 142 (1995) (excess levies)
- Board of Education of County of Wood v. Enoch, 186 W.Va. 712, 414 S.E.2d 630 (1992) (extended year employment)
- State ex rel. Melchiori v. Board of Education of County of Marshall, 188 W.Va. 575, 425 S.E.2d 251 (1992) (professional RIF “bumping”)
- Lincoln County Board of Education v. Adkins, 188 W.Va. 430, 424 S.E.2d 775 (1992) (teacher planning periods)
- Winkler v. State School Building Authority, 189 W.Va. 748, 434 S.E.2d 420 (1990) (School Building Authority bonds)
- Brown v. Wood County Board of Education, 184 W.Va. 205, 400 S.E.2d 213 (1990) (teacher evaluations)
- Keith D. v. Ball, 177 W.Va. 93, 350 S.E.2d 720 (1986) (student discipline)
- Thomas v. Staats, 633 F.Supp. 797 (1985) (statute of limitations in special education)
Honors
- Martindale-Hubbell ® Overall Peer Rating: AV Preeminent 5.0 out of 5.0
- Named Best Lawyers’ 2016 Education Law Lawyer of the Year in the southern West Virginia region
- Best Lawyers in America ® since 2003 (Education Law)
- West Virginia Bar Foundation Fellow
- West Virginia University College of Law Order of the Coif, Order of Barristers
- Recognized by Super Lawyers (Schools & Education), 2018-present
- Recognized by West Virginia Executive as a 2018 Sharp Shooter
Howard E. Seufer, Jr.Rated by Super Lawyers
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News
- Best Lawyers in America®, August 20, 2020
- April 10, 2020
- August 15, 2019
- April 17, 2019
- West Virginia Executive, Spring 2018
- December 26, 2016
- April 16, 2013
Presentations & Events
- Presentation: Welcome to the World of West Virginia School Law! by Howard E. Seufer, Jr.West Virginia School Board Association: 2020 New Board Member OrientationGoToWebinar, June 29, 2020
- Presentation: What Do You Think You Know & What Can We Clear Up, About Laws That Impact Executive Secretaries? by Trey Morrone and Howard E. Seufer, Jr.West Virginia Executive Secretaries AssociationCharleston Marriott Town Center, Charleston, West Virginia, February 21, 2020
- Presentation: It’s Dock Day Season! Hunting Down Dock Days & Other Misuses and Abuses of Leave Time by Richard Boothby, Kayla Cook, Josh Cottle, Kimberly Croyle, Trey Morrone and Howard E. Seufer, Jr.West Virginia Association of School Administrators – Winter ConferenceBridgeport Conference Center, Bridgeport, West Virginia, January 31, 2020
- Presentation: Personnel Updates by Howard E. Seufer, Jr.West Virginia Association of School Human Resources OfficialsStonewall Resort, Roanoke, West Virginia, October 25, 2019
- Presentation: Legal Issues and Answers by Howard E. Seufer, Jr. and Joshua A. CottleWest Virginia Executive Secretaries AssociationCharleston Marriott Town Center, Charleston, West Virginia, September 13, 2019
- Presentation: County Board Policy Actions & Opportunities Under the 2019 Legislation Affecting Public Schools by Howard E. Seufer, Jr.West Virginia Association of School AdministratorsCharleston Marriott Town Center, Charleston, West Virginia, September 13, 2019
- Presentation: The Public Charter School Provisions of House Bill 206 by Howard E. Seufer, Jr. and Joshua A. CottleWest Virginia School Board AssociationCharleston Marriott Town Center, Charleston, West Virginia, September 13, 2019
- Presentation: Legislation Affecting the Schools: Legal Issues and Answers by Howard E. Seufer, Jr.West Virginia Association of School Administrators / Summer ConferenceGlade Springs Resort, Daniels, West Virginia, June 21, 2019
- Presentation: Ignorance of the Law is No Excuse by Howard E. Seufer, Jr.West Virginia Association of School Business Officials / Spring ConferenceEmbassy Suites, Charleston, West Virginia, May 17, 2019
- Presentation: Empowering West Virginia’s School Districts: Developments from the Legislature’s 2019 Regular Session by Howard E. Seufer, Jr.West Virginia School Board Association: Regional MeetingChief Logan Conference Center, Logan, West Virginia, May 15, 2019
- Presentation: Handling the Intersection between Employee Leave, FMLA and ADA by Howard E. Seufer, Jr.West Virginia Association of School Human Resource Officials: Spring ConferenceMercer County Technical Education Center, Princeton, West Virginia, April 25, 2019
- Presentation: School Board Meeting Issues by Rebecca M. Tinder and Howard E. Seufer, Jr.West Virginia Executive Secretaries AssociationBowles Rice LLP, Charleston, West Virginia, February 15, 2019
- Presentation: Stay in Your Lane: Board Member Roles, Responsibilities & Best Practices by Rebecca M. Tinder and Howard E. Seufer, Jr.West Virginia School Board Association: Winter ConferenceCharleston Marriott Town Center, Charleston, West Virginia, February 15, 2019
- Presentation: Board Conduct and Parliamentary Procedure by Howard E. Seufer, Jr.Multi-District Board of Education Member Training (Calhoun, Jackson, Pleasants, Ritchie, Roane, Tyler, Wirt, Wood County Boards of Education)WVU-P, Parkersburg, West Virginia, December 4, 2018
- Presentation: A Focus on the School Board President by Howard E. Seufer, Jr.West Virginia School Board Association: President’s RetreatCanaan Valley Resort, Canaan Valley, West Virginia, July 20, 2018
- Presentation: Welcome to the World of West Virginia School Law! by Canon B. Hill and Howard E. Seufer, Jr.West Virginia School Board Association: 2018 New Board Member OrientationMorgantown Marriott at Waterfront Place, Morgantown, West Virginia, June 26, 2018
- Presentation: What Public School Leaders Ought to Know About Recent Legislation and Related Legal Developments by Howard E. Seufer, Jr. and Laura SuttonWest Virginia Association of School Administrators: Summer ConferenceStonewall Resort, Roanoke, West Virginia, June 22, 2018
- Presentation: A Quick Legal Update, and Legal Forecast, for the Personnel Office by Howard E. Seufer, Jr.West Virginia Association of School Administrators: Summer ConferenceStonewall Resort, Roanoke, West Virginia, June 21, 2018
- Presentation: Ignorance of the Law Is No Excuse! by Howard E. Seufer, Jr. and Laura L. SuttonWest Virginia Association of School Business Officials: 2018 Spring ConferenceEmbassy Suites, Charleston, West Virginia, May 18, 2018
- Presentation: Solving the Mysteries of Service Employee Seniority and Experience: Multiclassified Jobs, Substitute Assignments & Other Head-Scratchers by Howard E. Seufer, Jr. and Rebecca M. TinderWest Virginia Association of School Business Officials: 2018 Spring ConferenceEmbassy Suites, Charleston, West Virginia, May 17, 2018
- Presentation: Meeting the Challenge: Legal Issues and Updates for the Assistant Principal by Howard E. Seufer, Jr.West Virginia Association of Secondary School PrincipalsThe Greenbrier Resort, White Sulphur Springs, West Virginia, March 20, 2018
- Presentation: Developments, Deadlines, Delays, Duties, Details, Disclosure by Howard E. Seufer, Jr.West Virginia Executive Secretaries AssociationCharleston Marriott Town Center, Charleston, West Virginia, February 16, 2018
- Presentation: Educating, Speculating, Instigating by Kimberly S. Croyle and Howard E. Seufer, Jr.West Virginia Association of School AdministratorsBridgeport Conference Center, Bridgeport, West Virginia, January 26, 2018
- West Virginia University College of Education and Human ServicesWVU Coliseum, Morgantown, West Virginia, May 14, 2016
Articles & Alerts
- Legalities, West Virginia School Board Association, March 6, 2020
- Legalities, West Virginia School Board Association, March 2, 2020
- Legalities, West Virginia School Board Association, January 10, 2020
- Bowles Rice, July 19, 2019
- Bowles Rice, May 31, 2019
- Bowles Rice, May 9, 2018
- Legalities, West Virginia School Board Association, March 9, 2018
- Legalities, West Virginia School Board Association, March 2, 2018
- Legalities, West Virginia School Board Association, December 15, 2017
- Bowles Rice, Summer 2017
- Bowles Rice, June 12, 2017
- Legalities, West Virginia School Board Association, April 2017
- Legalities, West Virginia School Board Association, February 2017
- Legalities, West Virginia School Board Association, December 2016
- Bowles Rice, Summer 2016
- Bowles Rice, June 2016
- Legalities, West Virginia School Board Association, March 2016
- Legalities, West Virginia School Board Association, January 2016
- Bowles Rice, Summer 2015
- Education Law Alert, 2015
- Legalities, West Virginia School Board Association, March 2015
- Legalities, West Virginia School Board Association, August 2014
- Bowles Rice, Summer 2014
- Education Law Alert, 2014
- West Virginia State Bar Practice Handbook, April 2014
- Bowles Rice, Summer 2013
- Education Law Alert, 2013
- Legalities, West Virginia School Board Association, April 2013
- Legalities, West Virginia School Board Association, March 2013
- Legalities, West Virginia School Board Association, September 2012
- Legalities, West Virginia School Board Association, May 2012
- Legalities, West Virginia School Board Association, February 2012
- Legalities, West Virginia School Board Association, February 2011
- Legalities, West Virginia School Board Association, January 2011
Views & Visions
- The Class of 2025: How Will They Learn?Fall 2013
Professional Affiliations
- West Virginia Bar Foundation Fellow
- National Association of College and University Attorneys (NACUA)
- National School Boards Association - Council of School Attorneys (NSBA-COSA)
- Education Law Association (ELA)
- U.S. Fourth Circuit Judicial Conference
- West Virginia State Bar (Education Law Committee)
Community/Civic Activities
Current
- Southern West Virginia Community and Technical College Board of Governors (Member, Past Chair)
- The Education Alliance: Business and Community for Public Schools (Emeritus Director; Past Board Chair)
- West Virginia Mansion Preservation Foundation, Inc. (Board and Executive Committee Member; Treasurer)
- West Virginia Read Aloud Volunteer (Mary C. Snow West Side Elementary School)
Past
- S.W. Resources, Inc. (formerly the Sheltered Workshop of Wood County, West Virginia) (Board Member; Committee Chair; Board Chair)
- Blennerhassett Historical Park Commission (Commissioner)
- Blennerhassett Historical Foundation (Board Member; Secretary; Committee Chair)
- Parkersburg YMCA (Board of Directors)
- St. Michaels Parish (Finance Council)
- West Virginia University Social Justice Visiting Committee (Chair)
- WV eMentoring (eMentor to students in grades 8-12)
- Vision Shared (Education Committee)