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WVEA sends Intent to Sue Notice to West Virginia

West Virginia
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February 07 2021 06:00 pm

CHARLESTON, W.Va. (WOWK) − The West Virginia Education Association has sent Attorney General Patrick Morrisey of a letter of their Intent to Sue the state over the recent passage of HB 206. The WVEA sent the letter on Tuesday, July 8th, 2019, as the required precursor to filing the actual lawsuit. The state requires a 30-day notice prior to a lawsuit being filed.

WVEA President Dale Lee says, “While we opposed this legislation on principle, we have always held that HB 206, and all the previous versions of the Omnibus Education bill, violates the provisions of West Virginia’s Constitution.”

In their Intent to Sue notice, The WVEA listed what they believe are a number of constitutional violations. Those include:

  • The ‘single object’ provision of bills
  • The ‘thorough and efficient’ public education requirement
  • The establishing of new boards to govern charter schools
  • The lack of voter approval for a number of things associated with charter schools
  • The ‘void of vagueness’ doctrine.

WVEA says their legal team is still exploring other constitutional violations to include in the lawsuit. They intend to file the lawsuit in Kanawha County Circuit Court as soon as possible.

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