Practice Areas
Education
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)
Admissions
- 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
Richard S. Boothby
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
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Webster County Board of Education v. Davis, No. 19-1028 (2021) (aide and ECCAT seniorities in reductions in force)
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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)
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Sayre v. Mason County Board of Education, 2016 WL 143435 (2016) (lengthening the workday)
News
- February 11, 2021
Presentations & Events
- Presentation: Legal Insights Unveiled: Interactive Question and Answer Session Addressing Your Burning Questions by Richard S. Boothby, Kimberly S. Croyle, Trey Morrone, and Howard Seufer, Jr.West Virginia School Board Association: Winter ConferenceCharleston Marriott Town Center, Charleston, West Virginia, February 9, 2024
- Presentation: Legal Insights Unveiled: Interactive Q&A Session Addressing Your Burning Questions by Richard S. Boothby, Joshua A. Cottle, Kimberly S. Croyle, Trey Morrone and Howard Seufer, Jr.West Virginia School Board Association: Fall ConferenceCharleston Marriott Town Center, Charleston, West Virginia, September 9, 2023
- Presentation: Highlights of New Legislation and Legal Developments Impacting Public Education; Fiduciary Duties of School Board Members by Richard S. Boothby and Howard Seufer, Jr.West Virginia School Board Association Regional MeetingFour Points by Sheraton, Charleston, West Virginia, May 6, 2023
- Presentation: An Important Legal Update with a Focus on West Virginia's Freedom of Information Act by Richard S. Boothby, Trey Morrone, and Howard Seufer, Jr.West Virginia Executive Secretaries Association: Winter ConferenceCharleston Marriott Town Center, Charleston, West Virginia, February 17, 2023
- Presentation: You're the Board President - Now What? by Rick Boothby and Trey MorroneWest Virginia School Board Association: President's ConferenceStonewall Resort & Conference Center, Roanoke, West Virginia, July 15, 2022
- Presentation: Ethical Reasoning by Richard S. BoothbyWest Virginia Association of School Business OfficialsEmbassy Suites, Charleston, West Virginia, May 18, 2022
- Presentation: First Look: How Legislation from the 2022 Regular Session May Affect You and Your School District by Rick Boothby and Josh CottleWest Virginia School Board Association Regional MeetingGrand Point Conference Center, Vienna, West Virginia, May 3, 2022
- Presentation: First Look: How Legislation from the 2022 Regular Session May Affect You and Your School District by Rick Boothby and Howard Seufer, Jr.West Virginia School Board Association: Regional MeetingCharleston Marriott Town Center, Charleston, West Virginia, March 31, 2022
- Presentation: Annual Legal Update by Richard S. Boothby, Trey Morrone and Howard Seufer, Jr.West Virginia School Board Association: Winter ConferenceCharleston Marriott Town Center, Charleston, West Virginia, February 19, 2022
- Presentation: Time is So Precious: Legal Update and Deadlines by Richard S. Boothby, Trey Morrone and Howard Seufer, Jr.West Virginia Executive Secretaries Association: Winter ConferenceCharleston Marriott Town Center, Charleston, West Virginia, February 18, 2022
- Presentation: School’s in Session (legal update) by Richard S. Boothby and Kimberly S. CroyleWest Virginia Council of Administrators of Special Education: Fall ConferenceStonewall Resort, Roanoke, West Virginia, October 1, 2021
- Presentation: Legislative Update/Important Legal Developments by Richard S. Boothby and Howard Seufer, Jr.West Virginia Association of School Business OfficialsGoToWebinar, October 29, 2020
- Presentation: It’s Dock Day Season! Hunting Down Dock Days & Other Misuses and Abuses of Leave Time by Richard S. Boothby, Kayla Cook, Josh Cottle, Kimberly Croyle, Trey Morrone and Howard Seufer, Jr.West Virginia Association of School Administrators – Winter ConferenceBridgeport Conference Center, Bridgeport, West Virginia, January 31, 2020
- Presentation: Empowering West Virginia’s School Districts: Developments from the Legislature’s 2019 Regular Session by Richard S. BoothbyWest Virginia School Board Association: Regional MeetingSummersville Convention Center, Summersville, West Virginia, May 9, 2019
- Presentation: Conducting Investigations in the Public Schools: Lawful and Effective Investigation Techniques and Tips by Richard S. BoothbyWest Virginia Association of School Human Resource Officials: Spring ConferenceMercer County Technical Education Center, Princeton, West Virginia, April 25, 2019
- Presentation: Empowering West Virginia’s School Districts: Developments from the Legislature’s 2019 Regular Session by Richard S. BoothbyWest Virginia School Board Association: Regional MeetingWest Virginia University at Parkersburg, Parkersburg, West Virginia, April 17, 2019
- Presentation: West Virginia’s Freedom of Information Act by Richard S. Boothby, Joshua A. Cottle and Kimberly S. CroyleWest Virginia Executive Secretaries AssociationBowles Rice LLP, Charleston, West Virginia, February 15, 2019
- Presentation: "Hot Topics in School Personnel Law" by Richard S. Boothby, Canon B. Hill and Laura L. SuttonWest Virginia Association of School Human Resource Officials: Fall ConferenceThe Blennerhassett Hotel, Parkersburg, West Virginia, October 25, 2018
- Presentation: When Do Substitutes Get “Substandard” Rights and Benefits? by Richard S. Boothby and Laura L. SuttonWest Virginia Association of School Business Officials: 2018 Spring ConferenceEmbassy Suites, Charleston, West Virginia, May 18, 2018
- Presentation: FMLA Basics by Richard S. Boothby and Rebecca M. TinderWest Virginia Association of School Human Resource Officials Fall Conference 2017Cabell County Transportation Complex Training Center, Huntington, West Virginia, October 27, 2017
- Presentation: Don’t “Leave” Me Hanging by Richard S. BoothbyWV Association of School Business OfficialsCanaan Valley Resort State Park, Davis, West Virginia, October 12, 2016
- Presentation: Where ARE these people? Leave Issues and Answers, by Richard S. Boothby and Rebecca M. TinderWest Virginia Association of School Business Officials: Annual Spring ConferenceEmbassy Suites, Charleston, West Virginia, May 10, 2016
- Presentation: State Board Policy 4373 & West Virginia Safe Schools Act Student Discipline Processes, by Richard S. BoothbyWest Virginia Association of Secondary School Principals: Assistant Principals ConferenceStonewall Resort, Roanoke, West Virginia, March 24, 2015
- Presentation: The Vagaries of County Board Participation in Social Networking, by Richard S. Boothby and Rebecca M. TinderWest Virginia School Board Association: Annual November MeetingStonewall Resort, Roanoke, West Virginia, November 8, 2014
Articles & Alerts
- Bowles Rice, June 2024
- Bowles Rice , May 2023
- Legalities, West Virginia School Board Association, November 2022
- Bowles Rice, May 20, 2022
- Bowles Rice, May 13, 2020
- Legalities, West Virginia School Board Association, March 2017
- Legalities, West Virginia School Board Association, January 2017
- West Virginia School Board Association, Summer 2016
- Special Ed Connection, June 1, 2016
- Legalities, West Virginia School Board Association, November 2014
- Legalities, West Virginia School Board Association, December 2012
- Legalities, West Virginia School Board Association, September 2011
- Legalities, West Virginia School Board Association, September 2011
- Legalities, West Virginia School Board Association, July 2011
- Legalities, West Virginia School Board Association, March 2011
- Ohio State Law Journal, 2002
Views & Visions
- The Class of 2025: How Will They Learn?Fall 2013
Professional Affiliations
- 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