West Virginia Supreme Court Rules House Bill 2755 Unconstitutional in 4-1 Decision; State Board of Education Keeps Independent Rulemaking Power
The West Virginia Supreme Court of Appeals ruled 4-1 on the 13th that House Bill 2755, passed in 2025, is unconstitutional, and that the State Board of Education retains independent authority to make education rules without first obtaining review and approval from the state Legislature. The court granted a writ of mandamus sought by the State Board of Education and State Superintendent of Schools Michele Blatt and directed the Secretary of State's Office to accept and publish a school bus transportation policy that had previously been refused for filing. House Bill 2755 required that all rules made by the State Board of Education first be sent to the Legislative Oversight Commission on Education Accountability and then considered by the full Legislature, which could approve, amend or reject them. The bill took effect on July 11, 2025, without the governor's signature. Three days later, the State Board of Education voted to adopt Policy 4334, covering school bus design and equipment requirements, but the Secretary of State's Office refused to publish it on the grounds that the policy did not comply with House Bill 2755. The majority opinion noted that the court had already decided the same question in the 1988 case State Board of Education v. Heckler, holding that a law requiring the State Board of Education to submit its rules for legislative review interfered with the board's legislative power and was therefore unconstitutional, and that the minor differences in the 2025 bill were not enough to overturn that precedent. Justice Charles Trump dissented. The State Board of Education welcomed the ruling, saying the court upheld the will of the voters and the state constitution.
Source: West Virginia Supreme Court of Appeals
Published by GSM · USA (original Chinese edition)
Photo: Wikimedia Commons，CC BY-SA 4.0，图为西弗吉尼亚州议会大厦圆顶（资料图）
