BUCKHANNON, WV — December 3, 2025

A long-running constitutional fight over how West Virginia approves charter schools reached a new turning point this week, after a Kanawha County judge issued an injunction blocking further expansion of charter schools unless they receive voter approval. The ruling centers on a section of the WEST VIRGINIA CONSTITUTION that requires citizen consent before forming “independent free school organizations,” and follows years of litigation involving teachers, parents, and the state’s charter school system.

The issue began in 2021 when teachers and parents filed suit challenging the authority of the West Virginia Professional Charter Schools Board (PCSB). Their argument relied on ARTICLE XII, SECTION 10 OF THE WEST VIRGINIA CONSTITUTION, which states that no independent school district or school organization can be created without the approval of local voters. That constitutional requirement is one of the earliest voter-protection clauses in the state’s education system and has remained unchanged since the 1872 Constitution.

In December 2021, Kanawha County Circuit Judge Jennifer F. Bailey issued a PRELIMINARY INJUNCTION ORDER blocking certain charter school authorizations while the constitutional challenge moved forward. Her written order explained in detail that the PCSB functions independently of county boards and therefore may fall under the constitutional rule requiring voter approval. The ruling halted several charter school projects until the case proceeded further.

The state appealed the injunction, and in 2023 the WEST VIRGINIA SUPREME COURT OF APPEALS dissolved it on procedural grounds. The Court did not decide whether the charter law was constitutional or unconstitutional. Instead, the justices held that the plaintiffs had sued the wrong state officials, concluding that the Governor, Senate President, and House Speaker were not the ones administering the charter approval process. The Supreme Court’s decision left the central constitutional question unresolved.

According to reporting from WV MetroNews, Judge Bailey has now issued a new injunction addressing the case against the correct defendants and again applying ARTICLE XII, SECTION 10. The new order reportedly spans 39 pages and places a halt on the approval of new public charter schools that do not receive a countywide majority vote. MetroNews reports that Bailey’s order includes a 60-day stay to maintain current school operations while potential appeals move forward.

The constitutional question at the heart of the dispute remains whether public charter schools authorized by a statewide board qualify as “independent free school organizations,” a term used in the WEST VIRGINIA CONSTITUTION that historically required voter consent. Early case law referenced by the court in earlier orders shows that West Virginia adopted that provision in response to 19th-century disputes over schools operating outside county authority. The plaintiffs argue that charter schools approved by a statewide board echo that historical structure and therefore must comply with the voter-approval requirement. State officials have argued that the modern charter system is different in nature and does not fall under that category.

The litigation, which began more than four years ago, continues to shape the future of public education in West Virginia. With this latest injunction reportedly in place, the next step would likely be another appeal to the WEST VIRGINIA SUPREME COURT OF APPEALS, where the constitutional question may receive a definitive ruling.

The Appalachian Post reviewed all available first-hand sources, including the WEST VIRGINIA CONSTITUTION, the 2021 PRELIMINARY INJUNCTION ORDER, and the 2023 SUPREME COURT DECISION, and could confirm the longstanding legal dispute and the constitutional basis for the lawsuit. The specific contents of the new order have been reported by WV MetroNews, which states that it reviewed the document itself.

The Appalachian Post is an independent West Virginia news outlet dedicated to clean, verified, first-hand reporting. We do not publish rumors. We do not run speculation. Every fact we present must be supported by original documentation, official statements, or direct evidence. When secondary sources are used, we clearly identify them and never treat them as first-hand confirmation. We avoid loaded language, emotional framing, or accusatory wording, and we do not attack individuals, organizations, or other news outlets. Our role is to report only what can be verified through first-hand sources and allow readers to form their own interpretations. If we cannot confirm a claim using original evidence, we state clearly that we reviewed first-hand sources and could not find documentation confirming it. Our commitment is simple: honest reporting, transparent sourcing, and zero speculation.

Sources

Primary First-Hand Sources:
– WEST VIRGINIA CONSTITUTION — Article XII, Section 10
– Kanawha County Circuit Court Preliminary Injunction Order (Dec. 20, 2021)
– WEST VIRGINIA SUPREME COURT OF APPEALS — Blair v. Brunett (2023)

Secondary Attribution-Based Sources:
– WV MetroNews reporting on the new 39-page injunction