West Virginia court reviews dispute over education rulemaking authority
West Virginia's supreme court heard oral arguments about House Bill 2755, a 2025 law that asserts legislative authority over the state Board of Education's rulemaking. Board lawyers argue the law is unconstitutional because the state constitution vests "general supervision" of schools in the board and prior precedent, including the 1988 Hechler decision, protected the board's rulemaking. Solicitor General Michael Williams said the law merely allows one regular session to decide whether to legislate. The court's ruling could either uphold the board's longstanding control of detailed education rules or shift final regulatory power to the Legislature.
Supreme Court will decide who controls state education rulemaking.
Context
The Legislature passed House Bill 2755 during the 2025 session. The state board sued, saying the bill is unconstitutional. The court could affirm the board's authority or allow the Legislature greater control.
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