West Virginia Board of Education President Paul Hardesty speaks to the board and reporters during a regular meeting on Wednesday, Oct. 1, 2025. (Photo by Lori Kersey/West Virginia Watch)
Groups have begun offering support or rebuttal to the West Virginia Board of Education as they asked the state’s highest court whether the Legislature has the authority to approve or reject education rules approved by the state board.
A Republican-led bill passed in West Virginia earlier this year gave lawmakers ultimate authority over school board policies. It became law in April without the governor’s signature, and lawmakers behind the measure expected it would trigger a lawsuit.
While state agencies submit rule changes to the Legislature for review, the state school board previously had the autonomy to set education policy. The West Virginia Constitution states: “The general supervision of the independent schools of the State shall be vested in the Board of Education of West Virginia, which shall perform such functions as may be prescribed by law.”
House Bill 2755 Requires that all legislative rules adopted by the board must first be approved by the Legislative Oversight Commission on Education Accountability. Next, the proposed rules would then be presented to the full Legislature for consideration to decide whether to accept, reject or make possible changes.
Three years ago, West Virginia Voters rejected a similar proposal giving lawmakers power in education.
The state school board has challenged the legislation and filed a lawsuit asking the state Supreme Court to determine whether the Legislature has the legal authority contained in the bill.
The West Virginia Parent Teacher Association, which has more than 5,500 members in the state, filed one meager in support of the state school board’s lawsuit, saying the legislation would “impose unconstitutional limits on the school board’s constitutional authority to oversee the state’s public schools and on the school board’s ability to make educational decisions based on the best interests of students.”
“House Bill 2755 is a prime example of a branch of government running afoul of the law “Constitutionally derived powers of other branches, which are a result of our system of checks and balances and the binding decisions of this Court, cannot be sustained,” the group wrote in the matter.
The West Virginia PTA cited a 1988 decision by the state Supreme Court confirmed the school board’s rule-making powers and said the school board has a “special status” under the state constitution. The group said the ruling means the law passed this year is “void” and urged the state Supreme Court to declare the bill unconstitutional.
The West Virginia Association of School Administrators and the West Virginia School Board Association also submitted a joint application meager to support the school management.
“District leaders, education officials and administrators all rely on the state [Board of Education] as an education expert for the rapid and effective implementation of policies that govern both day-to-day and systemic operations,” they wrote.
“The State [Board of Education] leads the work of the district boards. For example, if the state [Board of Education] “When we issue statewide standards, it is the county’s responsibility to implement those standards,” the filing continues. “Imposing legislative whim into the rulemaking process would upend the current process and strip education professionals of constitutionally granted authority.”
The Cardinal Institute, a conservative nonprofit focused on education policy, sided with lawmakers and called for the Supreme Court’s 1988 ruling to be overturned.
Their filing says the high court’s decision “violates the power” of the Legislature and that the state school board should not be immune from legislative oversight and power.
“As part of the Executive Department, the Board of Education must be subject to the checks and balances of other departments,” the Cardinal Institute wrote in its report submission. “The Legislature has established by general law a system of free schools throughout the State. It is, however, noted that it is not prohibited from extending the general system of free schools and making it more efficient.”
Lawmakers behind the bill said they wanted more accountability for the state’s struggling school system.
In July, the board announced it planned to sue Secretary of State Kris Warner after he unanimously approved a modern rule addressing design equipment standards for school buses. It was first approved by the state board on May 14 and was open to a 30-day public comment period.
The Secretary of State’s Office said it was required by the newly passed law to deny that request.
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