CHARLESTON — Mountain State Justice has sent a notice of intent to Gov. Jim Justice and other state officials that stated a lawsuit would be filed on behalf of its clients regarding legislation involving charter schools and the Hope Scholarship.
In the letter, Bren J. Pomponio writes that the firm will institute legal action after 30 days on behalf of the firm's clients challenging the constitutionality of H.B. 2012 and H.B. 2013 under the West Virginia Constitution.
"H.B. 2012 violates Article 12, section 10," the letter states. "H.B. 2013 is a special law prohibited under Article 6, section 39 because it excludes antidiscrimination protections otherwise provided under general laws."
Pomponio writes that the legislature is in breach of its obligations under Article 12, section 1 by failing to scrutinize the adequacy of the school funding formula, particularly given the financial impact of H.B. 2012 and H.B. 2013.
"As a result of these constitutional violations, our clients will request all relief available to them, including declarations that provisions of H.B. 2012 and H.B 2013 are unconstitutional, injunctive relief obligating defendants to scrutinize the school funding formula by commissioning an adequacy cost study, and any award of fees and costs available for bringing the action," the letter states. "We reserve the right to augment and modify these claims for relief prior to commencing suit. In the meantime, we welcome the opportunity to meet and confer should you wish to resolve this matter informally."
The letter lists Senate President Craig Blair, Justice, Attorney General Patrick Morrisey, House Speaker Roger Hanshaw and West Virginia Treasurer Riley Moore.
The Hope Scholarship will give students who leave the public school system $4,600 for education costs. Families can use the money for classes, extracurricular activities, tuition and fees, fees for standardized testing or afterschool or summer programs and tutoring.
Just this week, seven applicants approached the new state charter school board seeking permission to open.
Board chairman Adam Kissel told the Charleston Gazette-Mail three statewide online schools and four brick-and-mortar ones submitted applications by the August 31 deadline.