FAYETTE COUNTY, WV (LOOTPRESS) – The parents of a Fayette County kindergarten student have filed a lawsuit against the Fayette County Board of Education, alleging their child was placed on the wrong school bus and later left alone in Montgomery.
The amended complaint was filed Sept. 8 in Fayette County Circuit Court by Megan Smith and Hunter Smith, the parents and legal guardians of the student. The lawsuit names the Fayette County Board of Education, the child’s kindergarten teacher and a school bus driver as defendants.
According to the lawsuit, the child was a kindergarten student at Valley PK-8 School during the 2026-27 school year. The parents allege they provided the school with specific transportation instructions stating the child was to be picked up at school on Tuesdays and Thursdays and ride a school bus to the mother’s workplace in Montgomery on Mondays, Wednesdays and Fridays.
The lawsuit states the mother provided additional written clarification on Aug. 14 after being asked whether the child would ride the “Dixie” bus. According to the complaint, the mother had never authorized the child to ride that bus. Despite the clarification, the lawsuit alleges the child was issued an incorrect Dixie bus tag.
On Aug. 24, the mother allegedly again notified the school that the bus tag was incorrect and that the child was only supposed to ride a bus on Mondays, Wednesdays and Fridays with a note.
The following day, Aug. 25, the mother arrived at Valley PK-8 to pick up her child as scheduled, according to the complaint. The lawsuit alleges the child’s name was called for approximately five minutes before school personnel determined the student had been placed on a school bus.
The mother told the teacher that her workplace was closed and nobody would be there to receive the child, according to the lawsuit. The complaint states the teacher assured her the bus driver would not leave the child at an unattended location and that the child would be brought back to the school.
The mother remained at the school waiting for the child to return. At approximately 2:50 p.m., however, she received a phone call from a woman in Montgomery who said she had found the child alone in town after noticing there was no adult with the student, according to the lawsuit.
The parents allege the incident placed their child in a dangerous and frightening situation and caused fear, emotional distress, anxiety and trauma.
The lawsuit accuses the defendants of negligence and negligent infliction of emotional distress, among other claims. It also alleges the Fayette County Board of Education failed to properly train and supervise the teacher and bus driver.
The parents are seeking compensatory and punitive damages, along with attorney fees, costs and other relief determined by the court. The complaint also seeks damages for alleged psychological injuries, pain and suffering and emotional and mental anguish.
The allegations contained in the lawsuit represent the plaintiffs’ claims and have not been proven in court.
