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The West Virginia Board of Education will fight an attempt at legislative control in court, and approved intervention in two school districts.
The board voted Wednesday to pursue litigation to contest the constitutionality of House Bill 2755.
The bill, which gives the legislature authority to review rules promulgated by the the West Virginia Board of Education, became law last month without the governor’s signature and will become effective July 11.
The 1988 state Supreme Court ruling in West Virginia Board of Education v Heckler maintained that statutory provisions that interfere with the board’s rulemaking authority are unconstitutional.
Del. Mike Hornby, R-Berkeley, and the bill’s lead sponsor, told his colleagues in the House Education Committee that he introduced the bill in part to invite legal action. Hornby said he believed the Heckler decision was made in error and code does allow for legislative supervision of state schools.
A ballot initiative in 2022 to change the state constitution to allow for legislative oversight of the board failed.
States of Emergency
The board also declared a state of emergency in Tyler and Nicholas county schools, placing both districts under state control.
The state Department of Education found the counties were out of compliance with state statutes, including improper personnel procedures and hiring practices.
Board member Paul Hardesty took particular issue with the misuse of executive session in Tyler County.
“Thirty hours in executive session, not counting student expulsion, disciplinary hearing, superintendent evaluation; ladies and gentlemen that’s unacceptable,” he said. “The fastest way I know to lose the trust in the community is to go and conduct the business of the taxpayers in private. That don’t work.”
The current Tyler County superintendent, Abram Highley, will remain in his position through June 30, after which state Superintendent Michele Blatt will appoint a new county superintendent.
The board vacated the offices of superintendent and assistant superintendent of Nicholas County Schools. Blatt appointed Terry George to fill the county superintendent position.
Just two months ago, the state board intervened in Mingo County. Eight school districts have now been taken over by the state in the last three years.
Board states of emergency in school districts are always accompanied by action plans and leadership interventions to help local schools get back on track to best provide to students. And on Wednesday the board officially removed Martinsburg North Middle School in Berkeley County from a state of emergency issued in May 2024 after new county and school leadership initiated significant changes that resulted in improved outcomes at the school.
Vaccine Requirements
Coming into Wednesday’s meeting, it was expected that the board would take some action regarding Gov. Patrick Morrisey’s push for religious and philosophical exemptions to the state’s student vaccine requirements.
The West Virginia Legislature did not pass a bill to allow religious and philosophical exemptions to school entry vaccines like measles, mumps, rubella and polio.
Then, at the start of the month, state Superintendent Michele Blatt issued a memo stating that religious exemptions would not be allowed in the fall, only to rescind that memo hours later at the governor’s request. And last week, Morrisey published a letter ensuring an executive order he issued on vaccine exemptions will not be rescinded and providing guidance to parents, students and school officials.
But at their meeting Wednesday, the board opted to take no action. Board President Nancy White read the following statement instead:
“The board supports the state superintendent’s attempt to follow compulsory vaccination law and direct her to continue to work with the governor and with our legislative liaison to find resolution to this issue, and we’ll reconsider this vaccination issue at our next meeting in June.”
PEIA Resolution
The board also voted unanimously to support a resolution to stabilize the Public Employees Insurance Agency (PEIA). Similar action has been taken among all 55 county boards of education. The resolution urges the West Virginia Legislature and the governor to ensure insurance is sustainable and affordable for public employees.