The Relentless School Nurse: West Virginia School Nurses Sue for Unjust Treatment by Board of Education

I have been blogging about school nursing since 2017 and am always searching for important stories to share with my readers. Today’s post is about a courageous group of school nurses from West Virginia who filed a lawsuit against their board of education for unfair treatment. The implications should they win this groundbreaking legal action are far-reaching. 

In a bold move, 31 committed school nurses in West Virginia take on the Berkeley County Board of Education, exposing nationwide challenges in school nursing. Let’s applaud this brave stand. They have hit a breaking point. The impending legal battle highlights a much-needed call for advocacy in school nursing. Unacceptable working conditions will no longer be tolerated.

This quote from attorney Teresa Toriseva captures the breadth and scope of our responsibilities! 

School nurses are clinically and medically responsible for every heartbeat on the school campus — teachers, students, and staff.  The entire school is their clinic and all the people who study and work there are their patients. – attorney Teresa Toriseva The West Virginia Record.

Here is a detailed breakdown of the school nurses’ grievances and the actions they are taking to address them:

1. Clinical Responsibility and Advocacy: School nurses are responsible for the well-being of every individual within the school community, including students, teachers, and staff. Their role extends far beyond typical healthcare settings, encompassing the entire school environment. Attorney Teresa Toriseva emphasizes that this lawsuit is not just about wages and benefits but also about safeguarding the vital contributions of school nurses to the health and safety of students and educators.

2. Compensation Discrepancies: The complaint highlights various disparities in compensation faced by the nurses. Despite being scheduled for 7.5 hours per day, many nurses routinely work longer hours, especially during the height of the pandemic, without receiving overtime pay or compensation for additional work. They also claim that they are not provided with their allotted duty-free lunch breaks and are sometimes asked to volunteer for additional work without compensation.

3. Pay Classification and Stipends: The nurses assert that their salaries are not accurately reflective of their education and years of service due to improper classification of experience by the board. They claim they are denied salary stipends that are provided to other medical professionals employed by the board, despite being equally eligible.

4. Supply Expenses and Reimbursements: Nurses incur out-of-pocket expenses for necessary supplies, with the board setting arbitrary limits on reimbursements. The allocated budget is insufficient, especially for nurses in larger schools. Additionally, the board fails to reimburse nurses for expenses related to maintaining professional accreditations, as required by law.

5. Retention and Recruitment Challenges: The nurses argue that these systemic issues not only affect their well-being but also contribute to retention and recruitment challenges faced by Berkeley County Schools. Insufficient compensation and inadequate working conditions jeopardize the ability to attract and retain qualified nurses, which ultimately impacts student health and safety.

6. Legal Action and Relief Sought: The school nurses have taken legal action, accusing the board of various violations, including failure to pay overtime, provide stipends, accurately compensate based on experience, and reimburse expenses. They are seeking injunctive relief for breach of contract, compensatory damages, statutory interest, and other forms of compensation to address these grievances.

In their representation of the nurses, attorneys Teresa Toriseva and Josh Miller of Toriseva Law emphasize the broader implications of this lawsuit for school nursing as a profession. They are advocating for fair treatment, equitable compensation, and improved working conditions. Consider the potential ripple effects within our field if they are successful. This could establish an important precedent. I will be monitoring this one closely!

References:

West Virginia Record: Berkeley County school nurses say they aren’t being paid properly

13News: School nurses file lawsuit against Berkeley County Board of Education