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The question of whether the state can allow the creation of charter schools without a vote from the people of the county, or counties, where it operates, is moving through the state’s legal system.
Earlier this month, a Kanawha County Circuit Judge issued a permanent injunction against new charter schools without voter approval. The state has now 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.
Judge Jennifer Bailey issued the injunction on Dec. 3 to halt the creation of a new charter school. But then she immediately issued a 60-day stay to allow for appeals.
In her order, Judge Bailey said:
“A. Plaintiffs have prevailed on the merits of their claim that provisions of House Bill 2012 relating to PCSB-authorized charter schools violate article 12, section 10 of the West Virginia Constitution as set forth in their verified First Amended Complaint;
B. Petitioners have further demonstrated that the balance of the hardships and public interests weigh in favor of issuing a permanent injunction; and
C. A permanent injunction shall issue to ENJOIN the further enforcement of House Bill 2012, specifically PCSB is enjoined from authorizing any new charter schools without the consent of affected county voters.
D. Following a reasonable time for compliance and appeal of this Order, Plaintiffs’ counsel shall contact the Court to establish a Scheduling Order for further adjudication of this matter should the permanent injunction not result in corrective legislative or executive action consistent with this Order. During those further proceedings, the Court shall consider (i) a further permanent injunction, enjoining PCSB from permitting the continued operations of previously authorized charter schools without the consent of affected county voters, and (ii) such mandamus and declaratory relief against the Governor and/or Presiding Officer as may be necessary to ensure compliance with article 12, section 10.
E. Execution of this judgment and any other proceedings for its enforcement are STAYED for sixty (60) days to enable Defendants to present this judgment to an appellate court”
The Supreme Court of Appeals of West Virginia has set deadlines for filings in the case that extend into June 2026.
The case has been docketed as Case No. 25-851, and the court issued the attached scheduling order establishing deadlines for initial filings in the case.
The court has not yet ruled on the motion to stay, so that is still outstanding.