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Senate narrowly approves bill asserting legislative oversight of State Board of Education rulemaking, 19-15
Summary
Senate Bill 705 passed 19-15 after a heated floor debate over whether the Legislature may assert primacy over the State Board of Education's rulemaking authority; opponents cited the West Virginia Supreme Court's Heckler decision and voter rejection of a 2022 constitutional amendment.
The West Virginia Senate on March 25 passed Senate Bill 705 by a 19-15 vote, a measure that requires new legislative review and submission to the full Legislature of certain rules proposed by the State Board of Education and shortens the effective-notice timeframe for emergency rules issued by the board.
The bill’s sponsor, Junior Senator from the Fifteenth, told the Senate the measure “ensures accountability under the legislature's primacy of authority provided by the West Virginia constitution,” and urged passage. Supporters argued it clarifies the Legislature’s supervisory role over education rulemaking and creates a structured review process through the Legislative Rule Making Review Committee.
Opponents said the legislation conflicts with settled state-court precedent and disrespects voters who rejected a 2022 constitutional amendment that some senators said was tied to the same issue. Senator from Marion cited the West Virginia Supreme Court’s opinion in the Heckler decision, quoting its syllabus: “Syllabus point number 2, which says, rule making by the state board of education is within the meaning of general supervision of state schools pursuant to article 12, section 2 of the West Virginia constitution. And any statutory provision that interferes with such rule making is unconstitutional.” She argued the court’s syllabus is “black letter law in the state of West Virginia.”
Supporters, including the bill sponsor and other senators, countered that Heckler did not definitively resolve the primacy question between Article 12, sections 1 and 2 of the state constitution and that the bill clarifies the Legislature’s role.
The debate included cross‑chamber history, references to the 1872 and 1958 constitutional language and claims about voter confusion during the 2022 ballot campaign. Several senators urged putting a clarifying constitutional amendment to the voters rather than adopting the statutory approach.
After floor debate, the Senate voted 19 in favor and 15 opposed. The clerk recorded the action and the Senate communicated the result to the House.
