Supreme Court considers who has final authority over education rules
West Virginia Supreme Court considers arguments over who has final authority over education rules
Robert Fields | WVOW News
CHARLESTON The West Virginia Supreme Court is considering a dispute over who has the final authority to set rules for the state's public education system, the Legislature or the West Virginia Board of Education.
The case centers on House Bill 2755, passed during the 2025 legislative session. The law gives the Legislature a role in reviewing and potentially blocking rules adopted by the state Board of Education.
Lawyers for the state Board of Education argue the law is unconstitutional because the state Constitution gives the board general supervision of the state's free schools.
Attorney Christopher Smith, representing the board, told the justices the Legislature cannot take away the board's constitutional rulemaking authority. He argued lawmakers can pass education laws themselves but cannot take over the board's role in creating rules to carry those laws out.
Chief Justice Haley Bunn questioned whether the board's position went too far and whether there must be limits on the board's authority because the Legislature still has constitutional responsibilities involving education and state spending.
Solicitor General Michael Williams defended the law for the state. He argued House Bill 2755 does not take away the board's rulemaking authority, rather that it gives lawmakers one regular legislative session to decide whether they want to address an education policy through legislation.
The West Virginia Constitution gives the Board of Education general supervision of the state's free schools, while also directing the Legislature to provide for a thorough and efficient system of free schools.
The court also discussed a 1988 Supreme Court decision involving the state Board of Education and former Secretary of State Ken Hechler. In that case, the court concluded that the Constitution protects the board's rulemaking authority from statutory interference.
West Virginians rejected a proposed constitutional amendment in 2022 that would have given the Legislature authority to review and approve state Board of Education rules and policies.
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