Full Breakdown
West Virginia Supreme Court Weighs Legislative Authority Over Education Rulemaking
By Drooid · · How we work
Legislative Challenge to Board of Education Independence
In April 2025 the West Virginia Legislature enacted a law requiring the state Board of Education to submit its proposed rules to the General Assembly for approval, amendment, or rejection. If the Legislature does not act within 15 months, the rule is automatically approved—a reversal of the 1988 statute that nullified any rule left unvoted on. The Board filed suit in October 2025 after the Secretary of State referred a bus-design rule to the Legislature instead of publishing it, prompting the Supreme Court of Appeals to hear arguments in September 2026.
Historical Context of Board Autonomy
The Board became an independent agency in 1958 following a voter-approved constitutional amendment that insulated education policy from partisan control. Prior attempts to shift oversight have been rejected by the electorate: a 1989 amendment backed by Gov. Gaston Caperton was defeated by a 9-to-1 margin, and a 2022 proposal was rejected by 58 % of voters. A 1988 law that would have let the Legislature veto Board policies was struck down by the state Supreme Court in a case brought by the Board against then-Secretary of State Ken Hechler.
Positions of Key Actors
- Del. Mike Hornby (R-Berkeley) introduced the 2025 bill, stating his intent was to enable closer collaboration with the Board rather than to seize control of curriculum.
- Michael Williams, an Attorney General lawyer representing the Secretary of State, argued that the constitution allows legislative oversight of agency rulemaking so long as it does not eliminate the agency’s functions.
- Chris Smith, representing the Board, contended that the constitution grants the Board “general supervision” and that the 1988 precedent bars any legislative veto over rulemaking, invoking basic separation-of-powers principles.
Potential Implications
If upheld, the law would give lawmakers the ability to alter or strike Board rules, potentially delaying policy implementation and affecting areas such as school-bus safety standards, discipline procedures, and aid formulas. The Board warns that such delays could harm student success and well-being, while supporters argue the change ensures legislative alignment with “best practices” for West Virginia schools.
Verbatim Quotes
- “I do believe the Supreme Court got it wrong,” — Del. Mike Hornby
- “This court has held that it lets the Legislature regulate how duties are performed, so long as it doesn’t abolish the office or empty out its functions,” — Michael Williams, an Attorney General lawyer representing the Secretary of State
- “That’s basic separation of powers principles,” — Chris Smith, attorney