Largest settlement against a public school board in West Virginia history reached

CHARLESTON, W.Va. (WCHS/WVAH) — The special needs classroom abuse civil cases at Holz Elementary have settled for a record amount, making it the largest settlement against a public school board in West Virginia history.

Earlier this month, WCHS/WVAH filed a Freedom of Information Act request with the Board of Risk and Insurance Management seeking the final settlement amounts in the cases. BRIM provides insurance coverage for all state agencies.

The cases settled for a combined $11,750,000, according to the agency.

Seven lawsuits were filed against Nancy Boggs and the Kanawha County Board of Education in light of abuse that was captured on camera in Sept. 2021 inside Boggs' classroom.

Kanawha County Circuit Court Judge Maryclaire Akers ruled that the agency was permitted to disclose the total settlement amount approved by the court, however, the identities of the plaintiffs and individual settlement amounts would remain under seal.

"This is a significant settlement because it was a horrific case of abuse, probably one of the worst abuses we've seen in West Virginia," attorney Ben Salango said. "It's the largest settlement against a school board in West Virginia history."

Salango represented plaintiffs three of the seven cases.

"People are starting to see this on video and starting to understand what's really going on. I mean, this is not in every school, this is not in every special needs classroom but thankfully the legislature changed the law and had cameras put in these self-contained classrooms and we're seeing it now for the first time," he said. "This has been going on for years. It's not just Kanawha County, it's not just West Virginia."

Boggs is currently serving a 10 year jail sentence after pleading guilty to 10 counts of misdemeanor battery.

The cases sparked changes in state law, including making it a felony for a teacher to abuse a student.

There were also significant changes that strengthened an already existing law that put cameras in around 2,700 self-contained special needs classrooms in the state. The cameras must now be reviewed for at least 15 minutes, every 90 days and it doesn't take a complaint to be able to review the video.

"What we are seeing now in West Virginia, which is one of the few states in the country that has cameras in special needs classrooms, is that we've got a real problem. Not just in West Virginia, but nationwide," Salango said.

Lori Gibson, one of the aides in the classroom, is set to stand trial Monday on seven counts of failure to report after prosecutors contend she did not comply with mandating reporting laws when she witnessed abuse taking place in the classroom.

The other aide, Lisa Perdue, entered into a pre-trial diversion with the state last week. Her charges will be dropped in one year if she complies with the agreement.

Kanawha County Schools has not responded to a request for comment on the settlements.

ncG1vNJzZmihlJa1sLrEsKpnm5%2BifK%2Bx1qxmnKqZqLa0ecinZK2glWKwra3SrKmop51kwLGxwqKYpWWemrKlv4yama6rlWKwor%2FErGSwnaOpere10aCgp6GRYrmivsaeqq1lo5rBtbjEppynrF2nsqS70Z1kamldoratuMiopWacn6G5or7SZqeumpyesG6%2FwqGmqKRdnbytxoyeo56llaPBor7YZqqcoJ%2BkuW63wKeYsKCRYrCwwc2tsGaan5a%2FpXnEnaycmaSevK950aKqpGWZo8C2vsCnmp5lnZa7orPEppynrA%3D%3D