Kanawha County Judge Jennifer Bailey ruled that creating a new charter is subject to state code requiring voter approval when forming a new school district.
Charter schools are currently approved by the state’s Professional Charter School Board, not by local voters—a process lawmakers put in place in 2021.
Former Senate President Mitch Carmichael says it’s a legitimate legal question and appropriate for the state Supreme Court to decide. West Virginia launched its pilot charter program in 2019 and now has seven charter schools.
The order includes a 60-day stay while the case goes to the Supreme Court of Appeals.