West Virginia Board of Education pursues legal action against Secretary of State Kris Warner amid policy dispute

Charleston, WV (WOAY) – The West Virginia Board of Education (WVBOE) will pursue legal action against Secretary of State Kris Warner after he rejected a policy the Board approved in a special meeting in Charleston. 

The Board unanimously approved Policy 4334, which outlines transportation requirements for school vehicles.

However, Warner declined to accept the filing, citing House Bill 2755, which was passed earlier this year. 

According to Warner’s office, new legislative rules must now go through the Legislative Oversight Commission on Education Accountability before taking effect. 

This move reflects a broader effort by the West Virginia Legislature to assert oversight over the Board’s rule-making power, an authority voters have rejected in past constitutional amendments, most recently in 2022. 

The Board argues that HB 2755 contradicts the state Constitution and will cause delays that harm students, delaying the implementation of Policy 4334 until 2026, rather than within 30 days. 

The next WVBOE meeting is scheduled for Wednesday, August 13th, in Charleston.