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 Federal & State Court Decisions 

  • G.T. v. Bd. of Educ. of Cnty. of Kanawha, 117 F.4th 193 (4th Cir. 2024) (reversing federal district court’s decision to certify, under federal Rule 23, a class of special education students who have been removed from school and need behavior supports)

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

  • Louk v. Board of Education of the County of Braxton, 2017 WL 680457 (West Virginia Supreme Court of Appeals 2017) (probationary/continuing contracts)
  • Yatauro v. Calhoun County Board of Education, 2016 WL 5030280 (West Virginia Supreme Court of Appeals 2016) (state-ordered contract reductions without hearings)
  • Presenation: Professional Ethics in School Psychology by Richard S. Boothby
    West Virginia School Psychologists Association
    Charleston Embassy Suites, Charleston, West Virginia, October 25, 2024
  • 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 Conference
    Charleston 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 Conference
    Charleston 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 Meeting
    Four 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 Conference
    Charleston Marriott Town Center, Charleston, West Virginia, February 17, 2023
  • Presentation: You're the Board President - Now What? by Rick Boothby and Trey Morrone 
    West Virginia School Board Association: President's Conference
    Stonewall Resort & Conference Center, Roanoke, West Virginia, July 15, 2022
  • Presentation: Ethical Reasoning by Richard S. Boothby
    West Virginia Association of School Business Officials
    Embassy 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 Cottle 
    West Virginia School Board Association Regional Meeting
    Grand 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 Meeting
    Charleston 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 Conference
    Charleston 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 Conference 
    Charleston Marriott Town Center, Charleston, West Virginia, February 18, 2022
  • Presentation: School’s in Session (legal update) by Richard S. Boothby and Kimberly S. Croyle
    West Virginia Council of Administrators of Special Education: Fall Conference
    Stonewall 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 Officials
    GoToWebinar, 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 Conference
    Bridgeport 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. Boothby
    West Virginia School Board Association: Regional Meeting
    Summersville 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. Boothby
    West Virginia Association of School Human Resource Officials: Spring Conference
    Mercer 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. Boothby
    West Virginia School Board Association: Regional Meeting
    West 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. Croyle
    West Virginia Executive Secretaries Association
    Bowles 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. Sutton
    West Virginia Association of School Human Resource Officials: Fall Conference
    The Blennerhassett Hotel, Parkersburg, West Virginia, October 25, 2018
  • Presentation: When Do Substitutes Get “Substandard” Rights and Benefits? by Richard S. Boothby and Laura L. Sutton
    West Virginia Association of School Business Officials: 2018 Spring Conference
    Embassy Suites, Charleston, West Virginia, May 18, 2018
  • Presentation: FMLA Basics by Richard S. Boothby and Rebecca M. Tinder
    West Virginia Association of School Human Resource Officials Fall Conference 2017
    Cabell County Transportation Complex Training Center, Huntington, West Virginia, October 27, 2017
  • Presentation:  Don’t “Leave” Me Hanging by Richard S. Boothby
    WV Association of School Business Officials
    Canaan 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. Tinder
    West Virginia Association of School Business Officials: Annual Spring Conference
    Embassy Suites, Charleston, West Virginia, May 10, 2016
  • Presentation:  State Board Policy 4373 & West Virginia Safe Schools Act Student Discipline Processes, by Richard S. Boothby
    West Virginia Association of Secondary School Principals: Assistant Principals Conference
    Stonewall Resort, Roanoke, West Virginia, March 24, 2015
  • Presentation:  The Vagaries of County Board Participation in Social Networking, by Richard S. Boothby and Rebecca M. Tinder
    West Virginia School Board Association: Annual November Meeting
    Stonewall Resort, Roanoke, West Virginia, November 8, 2014
  • 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