CHARLESTON — There are now seven applicants that want to open as charter schools in West Virginia.
Earlier this month, Mountain State Justice sent a notice of intent to Gov. Jim Justice and other state officials that a lawsuit would be filed regarding the Hope Scholarship and charter schools.
The board has 90 days to look at and rule on the charter school applications or the schools will be automatically approved for next year. The seven applicants include Stride Inc., Pearson, ACCEL Schools — which would run three schools, The Shepherd Aviation Academy and the West Virginia Academy.
In the notice of intent, Bren J. Pomponio wrote 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.
