State Charter School Board Files Brief In High Court’s Review   

Last week the West Virginia Professional Charter School Board and other petitioners submitted a formal brief to the Supreme Court of Appeals of West Virginia.    

The high court agreed to review the case last December after blocking a lower court order that stopped the creation of new charter schools without voter approval.  

In December, Kanawha County Circuit Judge Jennifer Bailey issued a permanent injunction against new charter schools without voter approval.  

The state appealed that ruling to the Supreme Court of Appeals of West Virginia.  

The state Constitution in Article 12, Section 10, says, “No independent free school district, or organization shall hereafter be created, except with the consent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.” 

Among its core positions, the board argues that Section 10 does not prohibit charter schools because they are not independent and operate under state oversight with the same academic standards as traditional public schools.  

The brief also argues that state leaders named in the original suit including Senate President Randy Smith and House Speaker Roger Hanshaw “do not authorize public charter schools, and any order against them cannot redress Respondents’ alleged injury.” 

The West Virginia Legislature created the Professional Charter School Board in 2021 to approve new schools after the first charter school was rejected by voters locally in 2020. 

The opposing side now has until May 18 to file their brief laying out their argument. 

Read the full brief below: