AFT-WV plans to file injunction against WV BOE, Dept. of Education, several county BOEs following decision to mandate in-person classes


CHARLESTON, WV (WOWK) – The American Federation of Teachers – West Virginia says it intends to file injunctive action against the West Virginia Board of Education, the West Virginia Department of Education and several county boards of education.

They say the injunction is to “protect the health and safety of school employees,” following the West Virginia Board of Education’s vote to mandate in-person instruction in classrooms for students Pre-K to 8th regardless of the County Alert System map colors.

The AFT-WV says it will also file an amicus brief in support of any county board of education that asserts “their legal right to govern their own school system” and chooses to make locally-based decisions for the protection of their students, staff and communities.

“Our attorney is in the process of drafting the filing and will be filing it as soon as it is complete, likely early next week,” the AFT-WV says.

AFT-WV applauded county boards who planned to have all willing employees vaccinated before returning to in-person learning, saying they were “exhibiting responsible leadership in protecting the health and safety pf their staff and communities.”

Additionally, AFT-WV applauded the Berkeley County Board of Education, for “their bold leadership” and encouraged other boards to follow suit and “exercise their legal right to make decisions for their counties.”

During yesterday’s vote, the WVBOE said county school boards will have the option to do a blended model of learning, but students have to be in school physically at least two days a week.

“Appointed policymakers issuing in-person learning mandates to local boards, who are duly elected by the citizens of their communities to govern their local schools, is an incredible overstepping of authority. To make such a decision while meeting virtually and behind closed doors is astoundingly tone-deaf,” the AFT-WV said.

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