CHARLESTON — The three education unions in West Virginia are planning to sue the state over the recent omnibus bill that included funding for charter schools.
The West Virginia Education Association (WVEA), the West Virginia School Service Personnel Association (WVSSPA) and the American Federal of Teachers-WV (AFT-WV) have all either filed an intent to sue or are planning to do so.
In a statement, the WVSSPA said it already had filed its intent to sue the state over House Bill 206.
"We feel HB 206 allows for the unlawful and unconstitutional creation of charter schools," the statement provided to The West Virginia Record says.
The statement cites Article 12, § 10 of the West Virginia Constitution, which states that no independent or free school districts, or organization will be created except with the consent of the school district or district out of which they will be created or expressed by the majority of voters.
"Charter schools are Independent Free Schools Districts or Organizations," the statement says. "They will redirect valuable public resources away from West Virginia students. Charter Schools will only further defund public education and allow out of state corporations to profit off of our children."
The statement stated that House Bill 206 actually disenfranchises voters, because it strips West Virginia Citizens of their constitutional right to approve or disapprove the creation of charter schools.
"Our argument has been consistent from the very beginning, if West Virginians want Charter Schools let us vote on it! Instead the West Virginia legislature used a special session to force charter schools down our throats!"
WVEA filed its intent to sue in July and AFT-WV is still working on its notice of intent.
When it filed, WVEA President Dale Lee said in a statement that while the WVEA is opposed to the legislation on principle, it has always held that House Bill 206 and its previous versions violated provisions of the state's Constitution.
"In our Intent to sue notice we have listed what we believe are a number of constitutional violations," Lee said. "Those include: the ‘single object’ provision of bills; the ‘thorough and efficient’ public education requirement; the establishing of new boards to govern charter schools; the lack of voter approval for a number of things associated with charter schools; and the ‘void of vagueness’ doctrine."
Lee said in that statement that WVEA planned to file its suit in Kanawha Circuit Court as soon as possible.
The bill includes a variety of proposed changes to the state's education system, including pay raises, charter schools, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for small or struggling counties. Gov. Jim Justice signed it into law at the end of June.
The bill allows for three charter schools to begin in West Virginia and for three more in 2023. After that, three more can open every three years.