The League of Women Voters West Virginia is siding with the state Board of Education in a lawsuit over who has the final authority over education regulations — saying a new law giving that power to the Legislature defies the will of the voters.
“Our voters said no to Amendment 4 in 2022. Then, the Legislature chose to ignore and override that vote in 2025,” said Judy Ball, co-president of the League of Women Voters West Virginia.
“Voters may reasonably conclude that their government is not working when the Legislature says their voices simply do not matter.”
The organization filed a friend of the court brief in a case filed earlier this month to the state Supreme Court.
At the center of the conflict is a bill passed during the most recent regular legislative session, House Bill 2755, which makes a case that the Legislature exercises authority over the state Board of Education and thus has ultimate say-so on the rules governing the state education system.
That runs counter to the way the board has operated until now. The state board has had the final say on the policies that fill in the details on how to carry out education laws passed by the Legislature.
Earlier this month, the state Board of Education filed to have the state Supreme Court review the constitutionality of the new law.
The West Virginia Constitution says, “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.”
There is some duality of the responsibilities because the Constitution also says, “The Legislature shall provide, by general law, for a thorough and efficient system of free schools.”
The way the balance has typically been struck in practice is that the Legislature passes laws about education and the superintendent and state board are responsible for filling out the details through specific rules.
Three years ago, West Virginians rejected a constitutional amendment that would have given the legislature authority to review and approve the state Board of Education’s rules and policies.
Fifty-seven percent of voters said no and 42% said yes, leaving the board’s current constitutional authority intact.
A similar vote occurred in 1989 with the same result.
The new court filing for the League of Women Voters focuses on that history.
“This Court is asked to determine whether the Legislature may usurp the will of the voters through passing legislation that has been explicitly rejected, multiple times, through ballot measures,” wrote lawyers for the organization.
The filing contends the case “has an immediate and significant impact on the rights of voters, respect for election outcomes and the power of the Legislature to usurp the rights of voters in West Virginia.”
West Virginia’s teachers union, Education West Virginia, also filed a brief in support of the Board of Education’s position.
“Stated simply: EWV is interested in maintaining the current process for rulemaking that is free from politics and the whim or caprice of politicians from any party,” wrote lawyers for the union.