Wood County Schools Superintendent Will Hosaflook, left, and Wood County Board of Education President Rick Olcott, center, listen to a construction update by Chris Campbell, right, project architect with ZMM, at Tuesday’s school board meeting. Board members learned before the meeting a lawsuit had been filed to prevent the closure of Waverly Elementary School at the end of the 2019-20 school year. (Photo by Michael Erb)

PARKERSBURG — A lawsuit filed in Kanwaha County Circuit Court seeks to prevent the closure of Waverly Elementary School and asks for $250,000 in damages.

Word of the lawsuit came Tuesday shortly before the Wood County Board of Education’s final meeting of 2019. The suit was filed late Friday by businessman Fred Clark, who has been an outspoken advocate for Waverly school, which is slated to close at the end of the 2019-20 school year. Waverly will be combined with Williamstown Elementary School into a new Williamstown/Waverly Elementary School at the start of the 2020-21 school year.

The lawsuit was filed on behalf of Waverly parents Sarah Hart, Ashley Miller, Johnny Miller II, and the Save Waverly Elementary School Association. The lawsuit names as defendants not only Superintendent Will Hosaflook and the Wood County Board of Education, but each individual board member with the exception of Debbie Hendershot.

The board voted 4-1 in October to close Waverly Elementary, with Hendershot being the lone vote against. The board also approved the closure of McKinley Elementary and Worthington Elementary schools.

The suit also names state Superintendent of Schools Steve Paine and the West Virginia Board of Education as defendants. The state Board of Education in November approved the closure plan for all three schools.

Williamstown Elementary School Principal Heather Bretthauer speaks Tuesday to the Wood County Board of Education concerning the new Williamstown/Waverly Elementary School. The board Tuesday approved Bretthauer as principal of the new school, which is slated to open in the fall of 2020. (Photo by Michael Erb)

Opponents have argued the Wood County board erred in recessing its final consolidation meeting Oct. 2 prior to voting on Waverly Elementary. The meeting was reconvened Oct. 23 in order to allow more time for written public comment after a typo expanded that window to Oct. 22. The board voted Oct. 23 to close Waverly.

State officials have said the Wood County Board of Education met all of the requirements of state code when handling the consolidation process.

In the lawsuit, Clark says the local board violated state law when it delayed a vote on the closure of the school. The suit also alleges bus route times which violate state law and a reduction in services for Waverly students and those with special needs.

The lawsuit seeks to keep the school open and compensatory damages “in excess of $250,00” due to the community’s investment “of considerable financial resources” into the school building and for attorney fees and costs.

Wood County Schools officials declined comment on the lawsuit Tuesday, but board President Rick Olcott said it would be reviewed with legal counsel in the coming weeks.

Officials said work on the new Williamstown/Waverly Elementary School is expected to be mostly completed within the next two months, though some outside work such as parking lots may be delayed until spring due to weather restrictions.

Officials anticipate an expanded Williamstown High School will be ready for students in the fall. Sixth-grade students from both Williamstown and Waverly will move into the new middle school section of Williamstown High, making it a true middle/high school.

The board Tuesday approved Williamstown Elementary School Principal Heather Bretthauer as the new principal of Williamstown/Waverly Elementary School effective July 1, 2020, and the retirement of Waverly Elementary Principal Steve Taylor, effective Dec. 31, 2019.