Charleston, W.Va. (WVDN) – The West Virginia Board of Education (WVBE) will pursue litigation against West Virginia Secretary of State (WVSOS) Kris Warner after he rejected a policy the Board approved during a special meeting today in Charleston.
The WVBE voted unanimously to approve Policy 4334: West Virginia Design and Equipment Requirements for School Transportation Vehicles. However, due to a bill passed during the 2025 Regular Session of the West Virginia Legislature, the WVSOS refused to accept the policy.
According to the WVSOS’s response, the filing was rejected because, “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.”
The WVBE must file its policies with the WVSOS in order for them to become effective. The West Virginia Legislature passed House Bill (HB) 2755 this year requiring all rules approved by the Board to be submitted to the Legislature for approval, amendment or rejection. The rejection is in-line with this bill.
There have been several attempts by the West Virginia Legislature to gain oversight of the WVBE’s rule-making authority over public education, and when constitutional amendments were on the ballot in 1989 and 2022, the voters of West Virginia rejected them. Most recently, the State Legislature placed Amendment 4 before voters in 2022 – it failed 58% to 42%, with 50 of the 55 counties voting against it.
2022 Amendment 4 Results by County
The map illustrates the 2022 results in which voters rejected Amendment 4.
In 1988, the WVSOS rejected the same policy that was filed today. This led to the lawsuit WVBE v. Hechler, in which the West Virginia Supreme Court upheld the Board’s rule-making authority. The following year, the West Virginia Legislature attempted to change the Constitution by putting an amendment before the voters. That measure failed overwhelmingly at the polls.
The WVBE believes that HB2755 does not reflect the will of the people and is in direct conflict with the West Virginia Constitution. Additionally, requiring WVBE policies to be reviewed by the State Legislature will result in delays that will be detrimental to student success and well-being. For example, Policy 4334 would not be considered until the 2026 Legislative Session as opposed to becoming effective in 30 days as approved by the WVBE.
The next monthly meeting of the WVBE is Wednesday, Aug. 13, 2025, in Building 6, Suite 600, 1900 Kanawha Boulevard, East, Charleston, West Virginia.
