CHARLESTON – A circuit judge has granted an injunction to temporarily stop the state’s method for approving charter schools.
Kanawha Circuit Judge Jennifer Bailey issued her ruling at the end of a December 20 hearing.
The case isn’t about whether the state can have charter schools. The question is whether the new Professional Charter Schools Board is the proper avenue to approve such schools.
Jennifer Bailey
| courtswv.gov
Critics say the public has no say in the matter because members of the board are appointed by the governor before going through a confirmation vote by the state Senate.
An appeal to the state Supreme Court is expected soon, but supporters think Bailey’s injunction likely will make it impossible to have charter school classes start as planned in the fall of 2022.
After tweaking the legislation to create the PCSB to approve charters schools rather than county school boards, the board approved schools last month in Monongalia, Kanawha and Jefferson counties. It also approved two online charter schools.
Two parents who are educators – one from Marion County and another from Kanawha County – sued Gov. Jim Justice as well as leaders of the state Senate and House of Delegates. They say they want the right to vote on any charter school created in their counties. They argue a clause in the state constitution says no school district can be created without a vote of people in existing districts.
The defense says the clause has no bearing on charter schools.
West Virginia Attorney General Patrick Morrisey was critical of Bailey’s decision.
“The court’s granting the preliminary injunction is wrong because the charter school laws — like all laws passed by the state’s duly elected legislature — are presumed to be constitutional, and the ruling also violates the separation of powers since the defendants in this matter are not the ones who are taking the action to which the plaintiffs object,” Morrisey said. “The defendants should have been the state’s charter school board. Furthermore, the plaintiffs have not shown that the absence of an injunction will cause them irreparable harm.
“Since we believe this decision was wrongly decided, we will explore any available avenues of relief at the West Virginia Supreme Court.”
A national group also condemned the decision
“West Virginia lawmakers stood with parents, rightly recognizing that charter schools offer a lifeline to some children,” said Letrisha Weber, board president of the National Coalition for Public School Options. “The state tried to help at-risk children who desperately need access to charter schools, but it’s all been undone by an activist judge.”
Weber said Bailey “interjected her anti-charter background into the case.”
‘We hope the Supreme Court of Appeals will quickly reverse this so that West Virginia parents and their children can have the expanded public school options they deserve,” Weber said. “PSO will continue to stand with these West Virginia families, as well as legislators and the attorney general in this fight to ensure children have access to the public schools that best fits their needs.”