Traditionally, Republican and conservative philosophies about education have centered on local control and parental rights. Those views fit with the concept of limited government.
In one way, the supermajority-led Republican Legislature in West Virginia has followed that belief by dramatically expanding homeschool opportunities and by trying, but ultimately failing, to loosen mandatory immunization requirements for school children.
But in another way, the Legislature is attempting to expand central control over public education. Lawmakers passed House Bill 2755 in the closing days of the session that would give the Legislature the authority to review and approve state Board of Education rules and policies.
Sen. Tom Willis, R-Berkeley, a supporter of the bill, said, “This is good legislation that ensures accountability under the Legislature’s primacy.â€
However, this bill is flawed on multiple levels.
First, Article XII of the state constitution gives the authority to operate schools to the state board: “The general supervision of free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as required by law.â€
Those last four words are significant. The Legislature already creates education law, but it is up to educators to fill out the rules. This bill says that, going forward, the Legislature wants complete authority to approve or disapprove of even the minute details of public education.
Second, legislative proponents of this additional authority tried three years ago to seize that power through a constitutional amendment. It was defeated by a 58% to 42% vote. So, the citizens have spoken on the issue.
Paul Hardesty, who has served in the Legislature and on the state Board of Education, believes the bill goes against the will of the people.
“Fifty of West Virginia’s 55 counties clearly stated they were opposed to giving the Legislature rule making review authority over West Virginia public schools,†he said.
Senate Education Chairwoman Amy Grady, R-Mason, who is a schoolteacher, agrees.
“I think this sends the wrong message to our voters,†she said. “I think it tells them we think they got it wrong and we’re going to do it anyway.â€
Third, as Brad McElhinny reported for MetroNews, the West Virginia Supreme Court has upheld the state board’s constitutional authority in multiple instances. In a 1988 case, then Chief Justice Tom McHugh wrote that an attempt by the Legislature that interferes with the board’s rule making is “unconstitutional.â€
How much more evidence is needed to demonstrate that this power grab by the Legislature is unnecessary and unconstitutional? Gov. Patrick Morrisey should veto the bill, and, if he does not, he should expect a legal challenge.
Hoppy Kercheval is the retired host of “Talkline,†on MetroNews.
