WV Supreme Court Weighs Legislature’s Power over State Board of Education Rules
State education officials say the law gives lawmakers a veto over board rules and ask the court to strike it down.
- On Tuesday, West Virginia Supreme Court of Appeals justices heard arguments challenging House Bill 2755, a 2025 law requiring legislative authorization for state education board rules.
- The state Board of Education and State Superintendent of Schools Michele Blatt sued the Secretary of State's Office in October 2025, arguing the law unconstitutionally infringes on their independent rule-making authority.
- Representing the board, Christopher Smith cited the 1988 Hechler decision, arguing the Legislature's veto power over education rules violates the Constitution's grant of general supervision to the board.
- Defending the statute, Solicitor General Michael Williams maintained the law provides a necessary legislative check, emphasizing that the board continues to draft its own policies.
- In 1989 and 2022, West Virginia voters rejected constitutional amendments that would have granted the Legislature such rule-making authority, underscoring the long-standing power struggle.
12 Articles
12 Articles
Lawmakers and the Board of Education are arguing in court over school rules. Here’s what to know.
WV Board of Education and lawmakers battle for control over education policy. Lawmakers have long sought to weaken the Board of Education’s independence. Here’s what to know about the latest court battle. appeared first on Mountain State Spotlight, West Virginia's civic newsroom.
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