The Senate again passed a bill on Thursday that would establish the Legislature’s ultimate authority over the state’s educational rules, mandating that newly created rules be submitted for legislative review, approval, amendment or rejection.
House Bill 2755 would require the state board of education to submit newly promulgated rules to the Legislature through the Legislative Rule-Making Review Committee.
The Senate passed its own version of this bill in late March but is now using the House’s version in the final days of the 2025 legislative session.
The state board of education’s authority is laid out in the state Constitution, which states “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.” The state Supreme Court has upheld this language multiple times.
West Virginia voters rejected a constitutional amendment in 2022 that would given the Legislature the authority that this bill seeks to provide.
As was the case with this bill the first time, supporters said that the constitutional amendment was on the ballot with several others three years ago and that voters were confused. They also contend that the Supreme Court has been wrong in its rulings, misinterpreting the law multiple times. They believe that ultimately, educational rules should not be made by unelected bureaucrats.
Critics of the bill said they are reluctant to go against the will of the voters and that the people of West Virginia have stated clearly that they don’t want non educators messing with the educational process. They also believe that if this bill passes it will be ruled unconstitutional.
The Senate amended the bill and it now heads back to the House of Delegates for final approval.
UPDATE:
The Senate completed its calendar in a series of floor sessions throughout the remainder of the day. The body also received messages from the House and completed action on several bills.
As of this evening, 131 bills have completed legislative action.
The Senate is adjourned until tomorrow, April 11, at 11 a.m.
