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W.Va. Supreme Court dissolves injunction against public charter schools

By STEVEN ALLEN ADAMS 1 min read
Justice Tim Armstead, right, wrote the majority opinion for the West Virginia Supreme Court of Appeals ruling that a preliminary injunction against the state's public charter school program be dissolved. -- Photo Courtesy/WV Supreme Court

CHARLESTON - The West Virginia Supreme Court of Appeals ruled Thursday that attorneys for parents seeking to block the state’s public charter school pilot program sued the wrong party.

In an opinion released Thursday afternoon, the state Supreme Court determined that Kanawha County Circuit Court Judge Jennifer Baily erred in her 2021 decision granting a motion by two teachers union members for a preliminary injunction to block further implementation of the public charter school pilot program.

The Supreme Court dissolved the preliminary injunction and remanded the case back to Kanawha County Circuit Court for further proceedings. Justice Tim Armstead, penning the majority opinion for the court, said that the plaintiffs filed the lawsuit against the wrong party, filing against Gov. Jim Justice instead of the Public Charter School Board (PCSB).

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