CHARLESTON, WV (LOOTPRESS) – The West Virginia Supreme Court of Appeals ruled Friday, November 13, 2026, that the state Legislature cannot require the West Virginia Board of Education to submit its policies and regulations for legislative approval.
In a 4-1 decision, the court struck down House Bill 2755, which was passed by lawmakers in 2025, finding that the legislation violated the West Virginia Constitution.
The ruling reaffirms the State Board of Education’s constitutional authority to oversee public education and establish rules and policies without requiring approval from the Legislature.
The case centered on whether lawmakers could require the board to submit its education regulations for legislative review and approval before they could take effect.
The court determined that the state Constitution grants the Board of Education independent authority over public education, limiting the Legislature’s ability to interfere with its rulemaking responsibilities.
The decision also reaffirmed a 1988 ruling that established protections for the board’s independence.
Justice Charles Trump was the only justice to dissent from the majority opinion.
The ruling follows previous efforts to change the relationship between the Legislature and the State Board of Education. West Virginia voters rejected constitutional amendments in 1989 and 2022 that would have expanded legislative oversight of education regulations.
As part of the decision, the court also directed the West Virginia Secretary of State to accept and publish a school transportation policy that had been at the center of the legal dispute.
The ruling does not directly affect recent county-level decisions to close or consolidate public schools, including those approved in Raleigh and Nicholas counties.
However, the decision establishes that the Legislature cannot require State Board of Education policies to receive legislative approval before taking effect.
The ruling could also affect future attempts by lawmakers to expand their oversight of statewide public education regulations.
