Judge temporarily blocks West Virginia charter schools

West Virginia

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CHARLESTON, W.Va. – The Kanawha County Circuit Court granted the request for an injunction against the establishment of charter schools in West Virginia.

The state legislature passed a law in 2019 allowing West Virginia to have charter schools, and three charter schools were authorized back in November by the state charter school board. Since the injunction, the West Virginia Academy in Morgantown, Nitro’s Preparatory Academy and the Eastern Panhandle Preparatory Academy are now on hold.

West Virginia Academy planned to open its doors in fall of 2022 and serve preschool through ninth grade in its first year.

West Virginia Attorney General Patrick Morrisey expresses his disappointment about the injunction.

“The court’s granting the preliminary injunction is wrong because the charter school laws — like all laws passed by the State’s duly elected legislature — are presumed to be constitutional, and the ruling also violates the separation of powers since the defendants in this matter are not the ones who are taking the action to which the plaintiffs object,” Attorney General Morrisey said. “The defendants should have been the state’s charter school board. Furthermore, the plaintiffs have not shown that the absence of an injunction will cause them irreparable harm. Since we believe this decision was wrongly decided, we will explore any available avenues of relief at the West Virginia Supreme Court.”

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