CHARLESTON — The West Virginia Supreme Court rejected a challenge by a charter school regarding its rejection in two West Virginia counties.
The Supreme Court justices issued their memorandum decision. Oral arguments in the case were on May 4.
West Virginia Academy filed an original jurisdiction petition seeking the issuance of a writ of mandamus requiring the respondent, the West Virginia Department of Education to certify the academy’s public charter school application as “deemed approved” pursuant to West Virginia County Board of Education intervened and opposed the petition.
"After considering the parties’ written and oral arguments, as well as the submitted record and the applicable law, this Court concludes that the Department does not have a legal duty to do that which the petitioner seeks," the memorandum decision states. "Accordingly, mandamus does not lie and this petition is denied. This case is appropriate for disposition in a memorandum decision pursuant to Rule 21 of the Rules of Appellate Procedure."
In 2019, the Legislature authorized the establishment of public charter schools in West Virginia and West Virginia Academy sought to operate a public charter school that would draw students from both Monongalia and Preston Counties, according to the decision. The proposed charter school then sought approval from the counties.
"WV Academy simultaneously filed its charter school application with the Monongalia and Preston County Boards of Education on July 24, 2020," the decision states. "WV Academy alleges that, thereafter, the two county boards of education violated multiple provisions of West Virginia Code § 18-5G-6 in the manner and the amount of time in which they reviewed the application."
The school argued that the county boards should have operated as a single panel when considering the application and improperly delegated tasks to staff, as well as failed to properly conduct in-person interviews and public forums. They argued that the boards also failed to allow reasonable time for the academy to provide additional materials and amendments to the application to address any identified deficiencies and failed to render a decision on the application within 90 days of its filing.
On Nov. 9, 2020, the president of the academy wrote to the state superintendent of schools and asked that its application be approved because the county boards had failed to approve or deny the application within 90 days of its filing as required by West Virginia Code.
However, several days later, the state superintendent opined that he felt the boards were proceeding in a timely manner by complying with a rule promulgated by the West Virginia Board of Education. The boards then voted to deny the charter school application on Nov. 30 and the following day, the academy's president sent another letter to the state superintendent, who then said the department didn't have the authority to approve or deny the
"In essence, WV Academy is seeking to have the Department serve as an appellate tribunal to decide whether a county board of education authorizer properly and timely conducted its application review; however, such a process is not included in the 2019 version of the act," the decision states.
The justices found that because the department has no legal basis to authorize, certify, or deem the academy’s application as approved, the department obviously lacks a duty that is enforceable in mandamus.
"Since one of the three required elements for the issuance of a writ of mandamus is not present, we must deny the writ," the decision states.
West Virginia Supreme Court of Appeals case number: 21-0097