In December 2025, Judge Jennifer Bailey of the 8th Judicial Circuit Court in West Virginia ruled that the creation of the state’s charter schools are unconstitutional because they were authorized by the West Virginia Professional Charter School Board (PCSB) instead of being authorized by “the constitutionally mandated consent of a majority of affected county voters.” In addition, there is no right under the state constitution to attend a “school of choice” funded by public dollars.
The PCSB, which is separate from the West Virginia Department of Education, is comprised of individuals appointed by the governor, which means that it is not a form of elected governance accountable to the public. Like many unelected bodies established in numerous other states to authorize charter schools, the PCSB is a mechanism for avoiding democratic processes and public input. Such unelected bodies typically establish deregulated and independent charter schools with greater speed and less accountability than publicly elected bodies.
The question that naturally arises is this: what is the need for such unelected entities like the PCSB if the public is supposedly very eager to have lots of charter schools? If charter schools are unassailable, superior to traditional public schools, and readily sought after by parents, what need is there for the PCSB? Why not put the creation of a school to a normal democratic vote carried out with integrity and go from there? Are charter school proponents worried that the public might reject the creation of privately-operated contract schools that siphon funds from public schools?
For now, Judge Bailey has “issued a permanent injunction that immediately prohibits the PCSB from authorizing any new charter schools unless local voters approve them via special election.” Additional court actions could even close all existing charter schools in the state.
Given all the charter school disinformation routinely promoted by charter school proponents in the U.S., it is important to take stock of Part One (July 2025) and Part Two (December 2025) of a Three-Part report, Charter School Reckoning: Decline, Disillusionment, and Cost on the trajectory of charter schools over the past 30+ years. Part One focuses on decline in the charter school movement while Part Two focuses on disillusionment in the charter school sector. Part Three will be released by the National Center for Charter School Accountability in the near future. Like many other reports produced by a range of organizations over the years, these reports expose endless problems plaguing the charter school sector and how charter schools harm education and society. Despite being promoted under the veneer of high ideals, there is still much that is kept from the public about charter schools decades after they first appeared in the country.
Currently, about 4,200 students are enrolled in West Virginia’s seven brick-and-mortar and virtual charter schools. Together the privately-operated schools employ roughly 100 teachers. The West Virginia State Constitution can be viewed here.
The post West Virginia Judge Says Charter Schools Violate State Constitution first appeared on Dissident Voice.
This content originally appeared on Dissident Voice and was authored by Shawgi Tell.