Supreme Court Says New Charter Schools Can Open In W.Va.

The state can continue to create new charter schools, according to a decision Thursday by the West Virginia Supreme Court of Appeals, at least while the appeal process works its way through the system. 

“Upon consideration and review, the Court is of the opinion to and does grant the petitioners’ motion to stay. Justice Wooton would refuse the motion to stay. It is ordered that all proceedings below are stayed pending resolution of this appeal.”

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.”

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. 

Bailey issued the injunction on Dec. 3, 2025 to halt the creation of a new charter school. But then she immediately issued a 60-day stay to allow for appeals. There was an appeal and an answer before the end of 2025.

The high court has now issued its own stay order, reversing Bailey’s decision while the appeal process continues. Attorneys for both sides have procedural deadlines. Once those pass, likely in early June, the Supreme Court will make a final decision. 

The case has been docketed as Case No. 25-851.