WV school officials ask Supreme Court to halt Logan court proceedings regarding school closure

West Virginia school officials are asking the state’s highest court to step in and stop a lower court’s decision temporarily preventing the closure of a Logan County elementary school.

The state Department of Education and the Logan County school board this week filed an emergency writ of prohibition with the state Supreme Court of Appeals. The legal action seeks to halt proceedings in Logan County Circuit Court, where Judge Sabrina Deskins last week granted a temporary restraining order preventing school officials from taking further action to close South Man Elementary School.

The Logan school board is considering consolidating the school into Man Elementary School, a decision that would require the approval of the state school board.

School officials are also considering closing Hugh Dingess Elementary and Justice Elementary, all of which have fewer than 100 students and need repairs to bring them up to code, school officials have said.

Deskins granted a temporary restraining order requested by parent Lauren Browning and community member Donna Thibault, who asked the judge to stop school officials from moving forward with closing South Man until the resolution of legal challenges over the state school aid formula and the 2027 legislative session, which is expected to focus on the school aid formula.

The American Civil Liberties Union of West Virginia filed a lawsuit in September over the funding formula, asking the the West Virginia Supreme Court of Appeals to require lawmakers to correct it.

Deskin’s order last week directed the Logan school board to cancel a public hearing on the school closure scheduled for Nov. 4, and not to move forward with a vote on the proposed closure that had been planned for Thursday.

In the emergency petition filed Thursday, attorneys for the school boards argued that they are empowered by law to close and consolidate schools in the state, and that Deskin’s order prevented them from complying with the laws.

“That result cannot stand — this Court should issue a writ of prohibition undoing the Circuit Court’s temporary restraining order and prohibiting it from blocking Petitioners from complying with West Virginia law governing school closure,” the petition said.

“This case implicates core separation of powers principles. The Legislature creates laws that govern the school system. The West Virginia Board of Education creates the policies and rules to manage the day-to-day operation of the school system, including ‘clos(ing) and consolidat(ing) schools when it deems necessary.’”

In their lawsuit, attorneys for Browning and Thibault argue that the judge should grant the restraining order until after the Legislature has time to address the school funding aid formula.

“It would be tragic to deny the (temporary restraining order) and South Man Elementary School closes, and then in six months the legislature fixes the funding formula solving the very funding issues the defendant publicly states are inadequate to keep SMES open and thriving,” attorneys wrote in the petition.

“Granting the relief of a temporary restraining order would permit the Supreme Court time to address the numerous legal challenges to the current school funding formula, as well as the Legislature time to allocate resources to counties that meet the mandate required by the West Virginia Constitution of providing a thorough and efficient system of free schools. If neither happens, the defendant is no worse off.”

School officials told lawmakers this week they would need an increase of $410 million in state aid for public schools to stabilize public school finances, which are in dire straits and have prompted a wave of school closures across the state.

The Logan County court has indicated it could not hold a hearing in the case until Dec. 8, a date the state school board said is too late

“If this Court does not issue a writ of prohibition now, Petitioners cannot follow the law and resolve whether to consolidate South Man Elementary School into Man Elementary School effective for the 2027-2028 school year,” the school boards wrote.

“Time is of the essence. School closure decisions must be made shortly, or it will be too late to issue a closure decision affecting the 2027-2028 school year,” the petition said. It added that if the decision to close the school is postponed, state taxpayers will pay an $1.3 million for each additional year the school remains open.