Supreme Court rules against charter school’s challenge to its rejection

(*Editor’s Note: WVEA believes charter school companies should work within the current framework to establish a charter school and that charter schools should not take money from existing classrooms and rob our teachers and students of resources.)

By Brad McElhinny, WV MetroNews

June 17, 2021

The state Supreme Court has ruled against a charter school’s challenge to its rejection in Monongalia and Preston counties.

Justices issued a memorandum decision on Tuesday afternoon, siding against the arguments brought by West Virginia Academy, which last year proposed a new school serving Monongalia and Preston counties. All five justices signed the decision.

Oral arguments in the case were May 4.

The charter school applicant contended the counties didn’t follow the proper process, that they missed a deadline, that missing the deadline meant the application should have automatically been considered approved, and that the state Department of Education should have stepped in to facilitate the approval.

West Virginia Academy’s suit is against the Department of Education, contending it had the final say, rather than against the counties.

The justices concluded the Department of Education did not have that obligation and that the law did not spell out their ability to do so.