WV Supreme Court Restores Board of Education Rulemaking Power

The West Virginia Supreme Court overturned a 2025 law Friday that sought to expand legislative control over the state Board of Education.

In a 4-1 decision, the court ruled that the state Legislature cannot require the Board to submit its regulations for approval, maintaining a long-standing legal precedent that protects the Board’s independent rulemaking authority. The ruling effectively nullifies a legislative push to strip the Board of the autonomy it has exercised for decades.

“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,” Justice H.L. Kirkpatrick wrote in the opinion.

The decision reinforces a constitutional framework established by West Virginia voters in 1958, which granted the Board of Education significant independence from both the governor and the Legislature. This independence has been tested multiple times; voters rejected attempts to reverse this arrangement in both 1988 and 2022.

WV Supreme Court Restores Board of Education Rulemaking Power

A disagreement over constitutional authority

While the majority upheld the status quo, the ruling was not unanimous. Justice Charles S. Trump issued a dissent, arguing that the court’s existing legal foundation is built on a “flawed constitutional premise.”

Trump argued that while the Board of Education possesses the power of “general supervision” over schools, that authority does not grant the Board the right to set its own regulations without oversight. “’General supervision’ and ‘rulemaking’ are neither synonyms nor interchangeable powers,” Trump wrote.

The legal battle traces back to the 1988 case known as Hechler. In that instance, the Legislature passed a law requiring the Board to submit all regulations—ranging from the dimensions of school buses to student hallway protocols—to lawmakers for approval. The Supreme Court struck down that law as unconstitutional, a decision that has served as the reigning precedent in West Virginia ever since.

WV Supreme Court strikes down 2025 law, preserving BOE authority — WOWK 13 News

The 2025 legislation, championed by Delegate Mike Hornby, R-Berkeley, was a deliberate attempt to challenge that precedent. Hornby had indicated at the time the bill was passed that it was intended to spark a legal confrontation regarding the Hechler ruling.

“I respect the decision of the court, however when I read the Constitution as a whole I still believe the Legislature has the ultimate rule making authority,” Hornby said after the ruling was released. He said that his office had attempted to draft the legislation to distinguish it from the previous 1988 case, though the court found the distinction insufficient.

The scope of regulatory independence

The ruling highlights a fundamental distinction in how West Virginia state agencies operate. Most other state bodies, such as the Department of Environmental Protection and the Department of Natural Resources, are required to submit their regulations to the Legislature for approval.

The Board of Education’s exemption from this requirement is a rarity in state government, stemming directly from the 1958 constitutional amendment. This autonomy ensures that education policy and administrative rules are managed by a specialized board rather than being subject to the direct legislative process.

The West Virginia Board of Education responded to the court’s decision with a statement emphasizing the preservation of voter intent.

“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 Board said in a statement.

The Board added that it intends to continue its work providing leadership and oversight for the state’s education system.

“We look forward to continuing to improve our education system moving forward,” Hornby said.