CHARLESTON, W.Va. — A Kanawha County judge has ruled that West Virginia’s system for approving new charter schools is unconstitutional unless voters in affected counties first give their approval—significantly reshaping the future of charter school expansion in the state.

In a sweeping 39-page order issued December 3, 2025, Circuit Judge Jennifer Bailey granted a permanent injunctionblocking the state’s Professional Charter School Board (PCSB) from authorizing any new charter schools without consent from county voters. The ruling concludes that the state’s 2021 charter school statute, House Bill 2012, violates Article 12, Section 10 of the West Virginia Constitution, which requires voter approval before creating any “independent free school district or organization.”

Bailey’s decision do

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