Charleston, WV, United States, July 6, 2022 — Hendrickson & Long PLLC, along with national firm in Paul Hastings LLP and the Education Law Center, achieved a victory for two parent-clients and their families Wednesday, July 6, 2022, as Judge Joanna Tabit of the Circuit Court of Kanawha County granted West Virginia parents’ request to halt implementation of the state’s expansive new private school voucher law. The hearing in Beaver v. Moore resulted in Judge Tabit granting a preliminary injunction and permanently enjoining the program, which would have siphoned millions of public dollars from the state’s underfunded public schools to subsidize private education.

“West Virginia has a proud history of prioritizing quality public schools for all the state’s children, and that commitment is enshrined in our constitution,” said Jack Tinney, co-counsel for the parent plaintiffs and a partner at Hendrickson & Long in Charleston. “We could not stand by and allow the voucher law to undermine West Virginia students’ constitutional rights.”

The Beaver plaintiffs are public school parents challenging the private school voucher law under the West Virginia Constitution. The President of West Virginia’s Board of Education and the State Superintendent are courageously standing with the parents in support of their request.

The state defendants and pro-voucher lawyers from the Institute for Justice had asked the court to dismiss the lawsuit. Judge Tabit denied their requests.

“The judge clearly understood that the West Virginia Constitution does not allow for this voucher program,” said Tamerlin Godley, partner at Paul Hastings LLP, co-founder of Public Funds Public Schools, and lead lawyer for the case. “Stopping the voucher program was absolutely essential to protect the state’s students and their public schools.”

West Virginia’s 2021 voucher law authorizes the broadest voucher program in the nation, with eligibility for any student who attends public school for 45 days or is entering kindergarten, regardless of family income. Under the voucher law, the State deposits public funds in private accounts for use on a wide range of private education expenses. There are no accountability or quality safeguards. Over time, the law will force West Virginia taxpayers to subsidize all private and homeschooling in the state, totaling over $120 million a year.

In the Beaver lawsuit, the parent plaintiffs highlight the numerous ways the voucher law violates the Education Clause of the West Virginia Constitution. The Legislature has no authority to fund a separate system of private schooling that infringes on its ability to provide a “thorough and efficient system of public schools.” The voucher law also violates the State Constitution’s prohibition against “special laws” that treat similar people differently because it excludes voucher students from critical protections afforded public school students against discrimination based on disability, religion, or LGBTQ status.

“In my view, the Legislature has violated its constitutional level obligations regarding public education and funding by enacting House Bill 2013 for the Hope scholarship fund,” Judge Tabit stated in explaining her decision.

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About Hendrickson & Long PLLC

Over the past two decades, Hendrickson & Long, PLLC, has grown into a comprehensive, litigation-oriented law firm with attorneys and staff working out of its centrally located office in the heart of West Virginia’s capital city. Since its inception, H&L has established a superior and varied client base. The firm is counsel for individuals, local West Virginia businesses, national and international companies and is recognized as one of the most progressive legal establishments in the state. H&L has specialized experience and expertise in complex case management, the innovative use of technology, the coordination of multi-jurisdictional discovery efforts and document work, handling class-action litigation and the trial of consolidated cases. The firm’s attorneys have served as national counsel to Fortune 100 companies in industry-wide litigation.

MEDIA AND PRESS INQUIRIES

Direct all inquiries to Jack Tinney at jtinney@handl.com and 304-346-5500.

Charleston, WV, United States, June 7, 2022 — Hendrickson & Long PLLC, in an effort to hold those who hurt our children accountable, pushing new lawsuits forward recently against Miracles Meadows. R. Scott Long of Hendrickson & Long, PLLC, along with co-counsel Jesse Forbes of Forbes Law Offices PLLC and Brian Kent and Guy D’Andrea of Laffey, Bucci & Kent LLP in Philadelphia, Pa., succeeded in consolidating 14 cases alleging mental, sexual and/or physical abuse by former students against Miracle Meadows, meaning those 14 cases will all proceed in Kanawha County Circuit Court. Those 14 cases are included in the 25 cases of abuse against Miracle Meadows outstanding.

Previously, Long advocated for twenty-nine former students at the Miracle Meadows School in Salem, W.Va., who were also child victims of serious sexual and physical abuse, and settled their claims for a total of $51.9 million dollars following years of litigation against the school.

As alleged in the filed lawsuits, Miracle Meadows was a Christian boarding school for boys and girls, 6 to 17 years of age, who are experiencing difficulty relating in a positive way to family, school, church, or community. Specifically, Miracle Meadows enrolled boys and girls who were experiencing defiance, dishonesty, school failure, trouble with the law, spiritual disinterest, poor social skills, adoption issues and other behavior that is harmful to them and to others.

Some of the children, according to the lawsuits, were often sent to solitary confinement without bathrooms, forced to perform manual labor, sexually assaulted, chained to beds and deprived of food and water.

In August of 2014, police raided the facility and removed 19 children. As a result, Director of Miracle Meadows, Susan Gayle Clark, was arrested and pleaded guilty to child neglect, failure to report and obstruction of justice in February 2016. She was sentenced two months later.

Children and their families have continued to come forward since, thanks in part to changes in law that protect victims at Miracle Meadows. On March 25, 2020, Governor Jim Justice signed into law a bill allowing victims up to the Age of 36 or 4 years after discovery of the sexual assault or sexual abuse, whichever is longer, to pursue litigation against perpetrators and private organizations. Additionally, victims may now sue any person or organization which aided, abetted, or concealed the sexual assault or abuse. If a victim is in this new range up to the age of 36, the previous claim is revived until the victim, yourself or your loved one, turns age-36, even if previously denied. Hendrickson & Long is now helping those hurt with their claims in order to finally, and justly, attempt to hold institutions, like Miracle Meadows, institutional abusers, like Clark, and their enablers accountable.

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About Hendrickson & Long PLLC

Over the past two decades, Hendrickson & Long, PLLC, has grown into a comprehensive, litigation-oriented law firm with attorneys and staff working out of its centrally located office in the heart of West Virginia’s capital city. Since its inception, H&L has established a superior and varied client base. The firm is counsel for individuals, local West Virginia businesses, national and international companies and is recognized as one of the most progressive legal establishments in the state. H&L has specialized experience and expertise in complex case management, the innovative use of technology, the coordination of multi-jurisdictional discovery efforts and document work, handling class-action litigation and the trial of consolidated cases. The firm’s attorneys have served as national counsel to Fortune 100 companies in industry-wide litigation.

MEDIA AND PRESS INQUIRIES

Direct all inquiries to Scott Long at scott@handl.com and 304-346-5500.

Charleston, WV, United States, November 24, 2021 — Hendrickson & Long PLLC continues our pursuit of justice for the innocent, filing a lawsuit Tuesday, November 23, 2021, against Holz (W. Va.) special needs teacher Nancy Boggs and the Kanawha County Board of Education. David K. Hendrickson and Stephen E. Hastings of Hendrickson & Long, PLLC are proud to represent S.P. and S.P.’s family in attempting to correct a broken system and bring justice to those who victimize our community’s children.

S.P. is a special-needs child with Dandy-Walker malformation. She requires daily assistance with basic life functions, and was a special needs student at Holz Elementary School in Charleston, West Virginia. Boggs was S.P.’s teacher in a single-room setting.

Boggs, an employee of the Kanawha County Board of Education, was indicted on November 18, 2021 on 23 counts of battery and one count of verbal abuse of a non-communicative student.

“It’s a very tragic and very awful event in this young lady’s life,” Hendrickson told the Charleston Gazette-Mail on Tuesday. “and we’re just hoping that we can bring a little justice to the system.”

As alleged in the complaint, S.P. suffered physical and verbal abuse at the hands of Boggs on September 8th, 9th, 10th, 21st and 22nd of 2021. As a result, S.P. is alleged to have suffered injury and damages, including but not limited to physical abuse, emotional distress, humiliation, mental anguish and other damages.

Boggs was removed from the classroom on September 23, 2021.

Hendrickson and Hastings reserve the right to amend the complaint as more evidence comes to light. The West Virginia Legislature recently required cameras in “self-contained” special needs classrooms. Some alleged acts of Boggs stem from viewings of said video.

As reported by the Charleston Gazette-Mail, Hendrickson & Long has yet to be provided copies videos of S.P.’s classroom prior to September 8, 2021. County school systems are required to preserve video footage for 90 days at a time, allowing them and law enforcement to review back that far after an alleged incident.

Tuesday’s filing is an attempt to advocate for S.P., her family and other children who have faced similar alleged acts.

“It is awful to think that something like this could happen to any child, much less to our most vulnerable children,” said Hastings. “We look forward to helping the family in their pursuit of justice.”

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About Hendrickson & Long PLLC

Over the past two decades, Hendrickson & Long, PLLC, has grown into a comprehensive, litigation-oriented law firm with attorneys and staff working out of its centrally located office in the heart of West Virginia’s capital city. Since its inception, H&L has established a superior and varied client base. The firm is counsel for individuals, local West Virginia businesses, national and international companies and is recognized as one of the most progressive legal establishments in the state. H&L has specialized experience and expertise in complex case management, the innovative use of technology, the coordination of multi-jurisdictional discovery efforts and document work, handling class-action litigation and the trial of consolidated cases. The firm’s attorneys have served as national counsel to Fortune 100 companies in industry-wide litigation.

MEDIA AND PRESS INQUIRIES

Direct all inquiries to Stephen Hastings at shastings@handl.com and 304-720-5520.