Parkersburg, WV
United Square, Fifth Floor
501 Avery Street
Parkersburg, WV 26101
T: (304) 420-5535
F: (304) 420-5587

J.D., with honors, The Ohio State University (2003)

  • Public Events Editor, The Ohio State Law Journal
  • National Moot Court Team
  • Best Oral Advocate

M.M., Ohio University (1996)

B.M., summa cum laude, Ohio University (1993)

  • Supreme Court of Appeals of West Virginia
  • Ohio Supreme Court
  • United States Court of Appeals for the Fourth Circuit
  • U.S. District Courts for the Northern and Southern Districts of West Virginia
Photo of Richard S.  Boothby

Richard S. Boothby

Partner

Rick Boothby is a former public school teacher with over 20 years’ experience representing, advising, and providing training for public school boards on special education, employment and constitutional law issues. His special education practice ranges from assisting student IEP Teams to defending a school board’s entire special education program against class action claims in federal court. He regularly trains special education staff on complying with the Individuals with Disabilities Education Act and represents school boards in due process complaint hearings.

In his employment law practice, Rick helps school boards navigate West Virginia’s complex school personnel laws and grievance procedure, the many federal and state employment protections for persons with disabilities, and the constitutional rights of public school employees. Rick has also defended school boards in state and federal court against challenges to school vaccination requirements and other district-wide health initiatives meant to protect all school children and staff. Rick currently serves as chairman of the West Virginia State Bar Association’s Education Law Committee.

Representative Cases

  • Webster County Board of Education v. Davis, No. 19-1028 (2021) (aide and ECCAT seniorities in reductions in force)

  • Miller v. Marion County Board of Education, 2020 WL 7231114 (2020) (untimeliness of grievance complaint

  • Louk v. Board of Education of the County of Braxton, 2017 WL 680457 (2017) (probationary/continuing contracts)
  • Yatauro v. Calhoun County Board of Education, 2016 WL 5030280 (2016) (state-ordered contract reductions without hearings)
  • Sayre v. Mason County Board of Education, 2016 WL 143435 (2016) (lengthening the workday)

  • National Association of College and University Attorneys (NACUA)
  • National School Boards Association - Council of School Attorney (NSBA - COSA)
  • West Virginia State Bar (Chairman, Education Law Committee)
  • Ohio Bar Association (Former Chairman, Education Law Committee)
  • Wood County (WV) Bar Association
  • Washington County (OH) Bar Association