WVBOE continues to resist oversight legislation after rejection

CHARLESTON, W.Va. (WOWK) — The West Virginia Board of Education is continuing the fight against HB 2755, which allows for the legislature to oversee their decision-making process.

After the bill was passed in the Senate in April, the BOE voted in May to pursue litigation.

In Monday’s meeting, the board continued in their litigation efforts, calling the bill unconstitutional and filing a rule with Secretary of State Kris Warner’s office after they rejected a policy.

Policy 4334, which pertains to requirements for school transportation vehicles, was rejected by the WVSOS office because of the bill.

According to them, the policy cannot be accepted due to the legislation, saying:

“Newly promulgated legislative rules must be submitted to the Legislature through the Legislative Oversight Commission on Education Accountability for approval as set forth in W. Va. Code 29A-3B-9 before taking effect, in accordance with HB 2755 passed during the 2025 Legislative session and effective on July 11, 2025.”

This means the board is being ordered to submit this policy to the legislature, which can slow down the decision-making process.

This response from the WVSOS prompted the board’s response, saying they will pursue further litigation on the case.

This is not the first time legislative oversight has been discussed in the Capitol; the argument began in 1988 and was voted on in both 1989 and 2022 as constitutional amendments. West Virginia voters rejected the amendments both times, with 50 of the 55 counties voting against it in 2022.

The board used the transportation policy as a Trojan horse to begin the litigation process. Talbott said it was a natural choice due to the similarities of decisions in the past.

“The policy just happened to be out for public comment at around the time that this whole situation arose, and so it seemed like a logical good fit since it was the policy that was at issue in the case in the 1980s,” she said.

Newly elected board president Paul Hardesty says the board currently stands against the legislation, reflected in today’s vote and response to Warner.

“In full transparency, this board voted 9-0 to file policy 4334 in the same manner in which we have filed all policies,” he said.

The next BOE meeting is scheduled for Wednesday, Aug. 13.