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Education needs less input from legislators

For a group so fond of dragging out terms such as “nanny state” and “overreach” when the mood suits them, it should be more of a surprise when they push measures meant to claw control of local decision-making back for themselves. But members of the West Virginia Legislature have attempted such maneuvers often enough that it is no longer a surprise — just a head-shaking disappointment.

Neither the state Constitution nor previous West Virginia Supreme Court of Appeals rulings — not even the full knowledge that their action virtually guarantees a return to the courts — can stop this bunch from trying to control education by placing rule-making authority of the West Virginia Department of Education in the hands of lawmakers.

Understand, when lawmakers talk about right-sizing government, getting government out of the way and avoiding executive (or any other branch) overreach, they are often correct to do so. It’s a mystery, then, why they are so desperate to betray those values when it comes to education.

“The point of (House Bill 2755) is to make our education system better, which is what we’re here for,” said Del. Mike Hornby, R-Berkeley. “We have a broken system … With us being in charge of rules and helping and working with the Department of Education, we can actually get things done. Right now, we can’t.”

It is worth noting he did not detail what things the Legislature actually hopes to get done, or how. Previous education-related attempts by too many of his colleagues could lead Mountain State residents to make some pretty frightening assumptions.

This is an argument that has been going on for generations. In 1988, the state Supreme Court ruled a 1983 law requiring legislative approval of state board of education rules was unconstitutional.

“…We hold that rule-making by the State Board of Education is within the meaning of ‘general supervision’ of state schools pursuant to … the West Virginia Constitution, and any statutory provision that interferes with such rule-making is unconstitutional,” wrote the late Chief Justice Thomas McHugh, who died in January.

When lawmakers tried the power grab in 2022, by placing a constitutional amendment on the ballot clarifying that “the policy-making and rule-making authority of the state Board of Education is subject to legislative review, approval, amendment, or rejection,” voters said absolutely not.

Are lawmakers really so eager to gain control that they are willing to ignore the will of voters to keep trying?

Yes, West Virginia’s education system is underperforming and facing immense challenges — many of which could be resolved if lawmakers turned their attention to efforts that would improve quality of life and turned away from socio-cultural attempts that go hand-in-hand with devaluing knowledge, critical thinking and education.

The last thing teachers and administrators need is MORE interference from Charleston.

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