State law requires advance notice of such actions except in cases of emergencies that endanger public safety or the state's coffers.
The fallout from Marple's firing has been far ranging.
Tuesday night, Marple supporters rallied in Charleston to demand an explanation for her firing and to call on Gov. Earl Ray Tomblin to remove five members from the state Board of Education, including former first lady Gayle Manchin.
Some, including the West Virginia Education Association, have blamed Marple's firing on a political faction tied to Manchin and her husband, U.S. Sen. Joe Manchin.
Gayle Manchin has denied political motives.
One of the three Mountain State Justice lawyers who filed the suit is Dan Hedges. Hedges was once married to Attorney General Darrell McGraw's top aide, Fran Hughes. McGraw is married to Marple.
Hedges is the lawyer whose class-action lawsuit on behalf of Lincoln County students caused the landmark 1982 Recht Decision that ruled state schools must be equitably funded.
Wednesday's suit was filed on behalf of James and Michelle Hicks, the parents of a fourth-grader with special needs in Boone County.
Staff writer David Boucher contributed reporting to this article.