State Board Of Education Will Pursue Legal Action Against Secretary Of State

The West Virginia Board of Education announced Monday afternoon that Secretary of State Kris Warner rejected a policy the board approved during a special meeting earlier in the day.

At that special meeting – which only lasted 10 minutes – the board voted unanimously to approve a new policy related to minimum requirements for school vehicles.

As Kelli Talbott, general counsel for the West Virginia Department of Education (WVDE) explained to the board, the normally routine action has been made anything but after House Bill 2755 became effective law July 11. 

The law requires board policies to go through the Legislative Oversight Commission of  Education Accountability, and the full legislature for approval, rejection or modification before those policies can become effective, something Talbott says the board maintains is unconstitutional.

“By voting to file it with the Secretary of State with an effective date, you’re challenging the purported requirements of House Bill 2755,” Talbott said. “In other words, we’re proposing that this rule go into effect 30 days upon filing, not after it goes through the full legislature for an effective date.”

The state Board of Education previously voted to pursue litigation against the bill at their May 14 meeting.

In a press release, the WVDE said Warner’s office claimed the filing was rejected because, “Newly promulgated legislative rules must be submitted to the Legislature through the Legislative Oversight Commission on Education Accountability for approval as set forth in W. Va. Code 29A-3B-9 before taking effect, in accordance with HB 2755 passed during the 2025 Legislative session and effective on July 11, 2025.”

There have been several attempts by the legislature to gain oversight of the board’s rule-making authority over public education. Most recently, voters in 2022 rejected a constitutional amendment on the ballot that would have required the board to submit its rules and policies to the legislature.

When discussing the bill during regular session, lawmakers in the House Education Committee were warned the state superintendent is considered the executive of the state board of education, and the bill could run afoul of the 1988 State Supreme court ruling West Virginia Board of Education v Heckler. The ruling determined that laws interfering with the board’s rulemaking authority are unconstitutional. 

Board president Paul Hardesty said the board’s action speaks for itself.

“That’s where this board stands. That is our action for today,” Hardesty said. “And I’m sorry I don’t have much more to add to that, but it basically, it is what it is.”

This was the third meeting of the board this month. Beside their regular meeting held last Wednesday, July 9 the board also met July 2 to discuss a separate lawsuit related to school vaccine requirements.