State Supreme Court Pauses Lower Court Case Involving West Virginia Charter School Board

Charleston, WV- The Supreme Court of Appeals of West Virginia has temporarily stopped a lower‑court case involving the West Virginia Professional Charter School Board. In an order issued Thursday, the Court granted a request to “stay” the case, which means all activity in the lower court must pause while the state’s highest court reviews the appeal.
The lawsuit was filed by Sam Brunett, Robert McCloud, and Jaclyn Sanchez. They argue that the state’s process for approving charter schools violates the West Virginia Constitution because it does not require a vote from local residents before a charter school is created. They say counties should have the final say.
State officials — including the Charter School Board, the Governor, and legislative leaders — disagree. They argue that the 2021 law creating the Professional Charter School Board gives the board full authority to approve charter schools without a countywide vote. After the lower court sided with the plaintiffs, the state appealed that ruling to the Supreme Court.
By issuing the stay, the Supreme Court has put the lower court’s decision on hold. This means the Charter School Board does not have to make any immediate changes while the appeal is being considered.
The Supreme Court will now review the case and decide whether the state’s current charter school approval process is constitutional. Once the Court issues its ruling, the case will either move forward again or be resolved at the high court level.