By Steven Allen Adams for The Journal
CHARLESTON — Several bills making their way through the legislative process this year seek to place the rule-making authority of the West Virginia Department of Education in the hands of lawmakers despite a higher court ruling preventing the Legislature from exercising this authority and a failed constitutional amendment.
The House of Delegates passed two bills Thursday – House bills 2755 and 2548 – and the Senate Judiciary Committee recommended Senate Bill 705 to the full state Senate.
HB 2755, providing that the state Board of Education may promulgate rules or policies to be submitted to the Legislature for review, passed the House Thursday afternoon in a 84-12 vote.
The bill would amend State Code regarding the rule-making authority of the state Board of Education, requiring that all legislative rules enacted by the board must first be authorized by the Legislative Oversight Commission on Education Accountability (LOCEA). The proposed rules would then be submitted to the full Legislature for review, which could result in approval, amendment, or rejection.
