Judge to rule on charter school lawsuit

CHARLESTON, W.Va. (WSAZ) - Two parents, who are also educators, filed suit against the West Virginia Senate, House of Delegates and Gov. Jim Justice in Kanawha Circuit Court in October.

The pair is challenging the constitutionality over charter school rollouts across the state, wanting taxpayers to have an opportunity to vote on any charter school created in their county.

The plaintiffs are asking Judge Jennifer Bailey to pump the brakes and rule on a temporary injunction.

The defendants say that the Professional Charter School Board should instead be named in the suit and are asking that the case be dismissed.

The PCSB has approved three brick-and-mortar charter schools and two virtual charter schools. They are expected to open by next fall.

The hearing lasted more than an hour and a half, as both sides presented their arguments. A professor from WVU Law was on hand to help answer questions about the legal language in the Constitution and offer historical context.

Timing is key as upcoming deadlines loom. Schools are to provide established enrollment capacity by Jan. 15 and have a contract in place by March 14 to become operational.

Judge Bailey says her decision will likely come by the end of the week. She’ll take the next few days to review the matter.