Education Law

Education Law

Since its establishment in 2000, Bailey & Wyant, PLLC has built a reputation of providing high quality representation for the education community in West Virginia including county boards of education, multi-county vocational centers, the West Virginia Department of Education and the West Virginia Higher Education Policy Commission.

Our attorneys have also represented every higher education institution within the state including West Virginia University, Marshall University, West Virginia School of Osteopathic Medicine, Concord College, and WVU Tech.

Our attorneys are available to provide representation to county boards of education at competitive hourly rates or for flat fee monthly retainers in matters of:

  • Employee investigations, discipline, and claims of disability and harassment
  • Freedom of Information Act (FOIA) requests
  • Family Educational Rights and Privacy Act (FERPA) and other privacy issues
  • Student rights and discipline
  • Open Meetings questions
  • Ethics Act considerations
  • Citizen Appeals
  • Implementation of new legislation
  • School closures and consolidations
  • Medical cannabis
  • Open enrollment
  • State and due process complaints and disability issues under IDEA and Section 504
  • Policy drafting and review
  • Unemployment compensation
  • Office for Civil Rights (OCR) and Title IX complaints

Bailey & Wyant's education attorneys also practice at all levels of the grievance procedure, defending grievance appeals at the Public Employees Grievance Board, in the circuit courts and in front of the West Virginia Supreme Court of Appeals.

Bailey & Wyant's educational attorneys have handled education cases in state and federal court involving:

  • Supervision
  • Other negligence claims
  • Special education Individualized Education Plans (IEPs), due process claims and student disability issues, including IDEA and Section 504
  • Family Educational Rights and Privacy Act (FERPA), Freedom of Information Act (FOIA) and other student privacy issues
  • Employment and personnel matters including disability, harassment, discipline and dismissals

The firm's extensive litigation experience has resulted in an experienced team of litigators respected by both the Plaintiffs' bar and the Courts.

Our typical litigation team includes one or more members and one or more associates, as well as paralegals and other legal staff.

Because our litigation teams are usually involved from the filing of the lawsuit to its resolution, the firm provides the highest quality of work in the most cost-effective manner.

Additionally, the law firm of Bailey & Wyant, PLLC has access to a vast array of talented and knowledgeable education, safety and liability experts. Therefore, our education attorneys are qualified to fully litigate education cases in all jurisdictions.

Contact Education Law Defense Attorneys


Kelly Morgan

Jennifer E. TullyHeather L. Hutchens


David L. Wyant