CHARLESTON — As the West Virginia Supreme Court of Appeals prepares to consider a legal challenge to a new law attempting to place education rule-making authority in the hands of lawmakers, opponents and at least one supporter have weighed in.

Multiple organizations filed amicus curiae briefs last week with the court in a case brought by the state Board of Education and State Superintendent of Schools Michele Blatt against Secretary of State Kris Warner challenging House Bill 2755, requiring rules created by the Department of Education and approved by the state board to be submitted to the Legislature for further approval.

The board is seeking a writ of mandamus from the Supreme Court to compel the Secretary of State’s Office to publish proposed rules in the State Register and to declare HB 2755 unconstitutional. The bill went into effect in July and requires that all legislative rules enacted by the state board must first be authorized by the Legislative Oversight Commission on Education Accountability. The proposed rules would then be submitted to the full Legislature for review, which could result in approval, amendment or rejection.

In a 1988 decision over a similar law, justices determined that legislative approval of state board rules was unconstitutional. In both 1989 and 2022, the Legislature adopted joint resolutions to place on general election ballots constitutional amendments to give education rule-making approval to the Legislature but voters rejected both. The 2022 proposed constitutional amendment failed.