West Virginia Supreme Court Pauses Lower Court Rulings on Charter Schools

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The Supreme Court of Appeals of West Virginia has issued an order granting a stay in a court case involving West Virginia charter schools. The stay pauses all lower court proceedings until there is a resolution of the appeal, which stems from a September 2021 lawsuit against the Senate President, Speaker of the House, and Governor over a law that established the West Virginia Professional Charter School Board (PCSB) and allowed it to authorize charter school applications without requiring county-wide voter approval.

Why it matters

This case highlights the ongoing debate in West Virginia over the expansion of charter schools and the role of local voter consent. The lower court had ruled that the PCSB could not authorize new charter schools without county-wide voter approval, but the Supreme Court's stay order allows the PCSB to continue authorizing charter schools while the appeal is pending.

The details

The September 2021 lawsuit, Sam Brunett, et al. v. West Virginia Professional Charter School Board, et. al., sought a preliminary injunction against charter schools opening without a county-wide vote, citing a state constitutional provision. In January 2022, the circuit court granted the preliminary injunction, but the Supreme Court later reversed that decision. The circuit court then ruled in favor of a permanent injunction against the law preventing the PCSB from authorizing new charter schools without voter consent. The defendants have appealed that ruling, leading to the Supreme Court's stay order.

• In September 2021, a lawsuit was filed against the state over a law establishing the West Virginia Professional Charter School Board.
• In January 2022, a circuit court granted a preliminary injunction against the law.
• In December 2025, the circuit court ruled in favor of a permanent injunction against the law.
• On December 18, 2025, the defendants filed an appeal of the circuit court's ruling.
• On January 30, 2026, the West Virginia Supreme Court issued an order granting a stay in the case.

What’s next

The West Virginia Supreme Court has set deadlines for the parties to file briefs in the appeal, after which the court will consider the case and potentially schedule oral arguments.