MORGANTOWN, W.Va. — Officials from the West Virginia Secretary of State’s office and an elected official are responding to the possibility of a state Board of Education (BOE) lawsuit against the office related to House Bill 2755.
The legislation requires the state BOE to have rule changes authorized by the Legislative Oversight Commission on Education Accountability and submitted to the legislature for review.
This week, when the path for approved rule changes related to transportation policies bypassed the legislature, the Secretary of State’s office rejected the changes, leading the BOE to announce their intention to file a lawsuit.
On WAJR’s “Talk of the Town,” Chief of Staff Deak Kersey explained the lawsuit is filed against them based on their role in the process solely. Prior to this instance, the state BOE had the final say in rule changes.
“Simply because we’re charged by law to host these rules and ensure that when they’re filed, they comply with the law,” Kersey said. “The formatting requirements, and with the scope of the authority that is given by the legislature and the constitution.”
Mike Oliverio, R, Monongalia, 13, has a total of 19 years on the Education Committee and said the system was operating just fine prior to House Bill 2755. Oliverio contends that in the 19 to 15 committee vote in April, he joined committee chair Amy Grady, R, Mason, 4, because the consensus is the existing checks and balances are working.
“I don’t want the state legislature to become a ‘super board of education’ overseeing and trying to change all the rules that the nine-member board appointed by the governor and confirmed by the senate is making,” Oliverio said.
According to Oliverio, the state legislature already has oversight on decisions made by the BOE with the “power of the purse.”
“If there is something they want to do that is really objectionable to the legislature, we just won’t fund it,” Oliverio said. “That’s the check and balance and genius of our constitution—the power of the purse that exists with the legislature.”
In addition to the checks, balances, and power of the purse, he said members of the legislature communicate with the BOE on a regular basis. Throughout each year there are several opportunities to listen, interact, and offer input as issues that could become rule changes are debated.
“We communicate with them a lot during the legislative session. I serve on the Education Committee, and they are constantly in front of us. I serve on the LOCEA commission (Legislative Oversight Commission on Education), and they’re before us there, and they are before us in the Finance Committee, so we have open communications with them.”
Kersey said the typical path from the circuit court, possibly to intermediate court, then to the state supreme court could take a great deal of time and cost taxpayers a lot of money.
“What we would really like to see here is a skip to the end,” Kersey said. “Ask the State Supreme Court when the suit is filed if the legislation is constitutional so we don’t waste taxpayer dollars arguing about the constitutionality of something.”