Supreme Court finds new education law unconstitutional

By RealWV Staff,

CHARLESTON, W.Va. — In 2025, the West Virginia Legislature passed a law giving itself authority over rule-making in state education policy. The West Virginia Department of Education challenged the law in court and won, when the state’s Supreme Court on Friday delivered a 4-1 decision in their favor.

Justice Clifton Kirkpatrick wrote the majority opinion, saying, “We conclude that this Court has previously decided the issue presented in this case and held that a statute enacted by the Legislature that required the Board to submit its rules to the Legislature for review constituted an interference with the Board’s rulemaking power and was therefore unconstitutional.”

At issue was House Bill 2755, sponsored by Del. Mike Hornby, R-Berkeley, a member of the Education Committee and Vice-Chair of the Education Choice Committee. That bill moved rule-making authority for education policy from the West Virginia Board of Education to the West Virginia Legislature.

The court noted that the legislature took this action after an attempted constitutional amendment in 2022, which voters rejected.

“Undeterred by the voters’ rejection of the constitutional amendment in 2022, the Legislature passed House Bill 2755 (“HB 2755”) in 2025, which required the Board, among other things, to submit its rules to the Legislature for approval prior to enactment.”

Gov. Patrick Morrisey did not sign HB2755 in 2025, but did allow it to become law without his signature.

Lawyers for the Board of Education informed the Secretary of State, Kris Warner, that the law was unconstitutional in July 2025 and would therefore not be followed. Click here for details from the first rule which tested the new law.

Justice Charles Trump, a former Senator who voted in favor of placing the issue before voters in 2022, voiced the only dissent. He argued that the constitutional authority afforded to schools for “general supervision” did not necessarily extend to their ability to engage in rule-making.

In a statement, the Board of Education voiced their gratitude for the decision: “The West Virginia Board of Education (WVBE) is grateful to the West Virginia Supreme Court for its decision to uphold the will of the voters and the State Constitution, which grants the State Board of Education authority over the rulemaking and oversight of education policy. The WVBE will continue its important work of providing leadership, oversight and support to the education system and children of West Virginia.”

To read the full decision by the Supreme Court, click here.