House Approves Bill To Give Legislature Authority Over Public Schools

The House of Delegates passed a bill that would hand over policy and rule-making authority over public schools in West Virginia to the legislature. 

Currently the state Board of Education is made up of nine members, all of whom are appointed by the governor. If there isn’t existing legislation on a rule or policy for public schools, then the state board has the ability to step in and make those rules and policies with the help of the state Department of Education.  

In 2022 a constitutional amendment to give the legislature ultimate rule-making power over schools, much like this bill, was on the ballot. Voters rejected the amendment.

Del. Mike Puskin, D-Kanawha, opposed the bill. He said it would go against the will of the people. 

“The clear will of the voters in ’22 rejected this question and we say, ‘we don’t care what you think we’re going to, we’re going to pass it’,” Pushkin said.  

Del. Michael Hornby, R-Berkeley, is the lead sponsor of the bill. He argued that the ballot was skewed by politics of the time.  

“It was on the ballot, but there were political things happening with our previous governor that affected the passage of this bill,” Hornby said. “My county overwhelmingly understood and voted for it.” 

Pushkin said the law is also in violation of state Supreme Court precedent. Hornby agreed, but said this law could lead to a re-evaluation of that precedent if it were to go to a higher court. 

“I think the Supreme Court has gotten decisions wrong before, so I’d like to revisit this,” Hornby said. 

The bill passed 84-12. It now heads to the Senate for consideration.