A notice of appeal has been filed following a court ruling earlier this month that would call for public votes in West Virginia before a charter school could be established. The filing comes after Kanawha County Circuit Judge Jennifer Bailey earlier this month ordered a permanent injunction of the charter school system in West Virginia, calling into question the constitutionality of establishing charter schools without voter approval. The judge also issued a 60-day stay of her own order in case of appeal, which appears to be coming following a notice filed Thursday. The West Virginia Supreme Court of Appeal has not yet ruled on the stay, but laid out a scheduling order with written briefs due from both sides beginning in early 2026.