Ashton Marra Published

W.Va. Supreme Court Dismisses Delegate's Common Core Lawsuit


The West Virginia Supreme Court of Appeals has dismissed a lawsuit filed against state education officials by Del. Michael Folk. The suit claimed the implementation of Common Core standards violated both the state and federal Constitutions.

Folk originally filed the lawsuit in Berkeley County Circuit Court where the complaint was dismissed. Folk again filed with the Supreme Court in July, naming the West Virginia Board of Education and state Superintendent Dr. Michael Martirano.

The two page order issued by the Supreme Court entered last Wednesday granted the state Board’s motion to dismiss, saying Folk’s claim “should not be awarded.”

Folk declined to comment on the order at this time.

The West Virginia Department of Education is currently conducting a comprehensive review of the education standards adopted in 2010.

The West Virginia Legislature attempted to repeal the standards during the 2015 Legislative session, but the bill died in committee. Lawmakers have already received a draft bill during interim sessions that again call for a repeal.