The state Supreme Court has agreed to halt a circuit court order about West Virginia’s charter schools system while the case is reviewed.

A majority of justices granted a motion to stay. The order notes that Justice William Wooton would have refused the stay.

Justices are reviewing a permanent injunction order by Kanawha Circuit Judge Jennifer Bailey about how charter schools are established in West Virginia. The circuit judge had also issued a 60-day stay of her own order in case of appeal.

The plaintiffs in the original legal challenge contended that the state’s Professional Charter Schools Board created charter schools without the constitutionally required voter consent.

The court challenge was based on a section of the state Constitution that says “no independent free school district, or organization shall hereafter be created, except with the consent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.”

Judge Bailey’s order was to halt the authorization of new charter schools in West Virginia without voter consent. But it provides some latitude.

First, the judge enjoined the West Virginia Professional Charter Schools Board from authorizing any new schools without the consent of affected county voters. But this first step would not affect the operations of the eight charter schools already approved by the state oversight board, avoiding disruption to current students, families and educators.

Second, the order provides time for the Legislature and governor to respond by having special elections to get the consent of voters with charter schools proposed for their communities. The annual 60-day legislative session is underway, and so far there has been no movement on anything like that.

Third, if the Legislature and governor don’t act, then the judge would consider yet another permanent injunction to enjoin the West Virginia Professional Charter Schools Board from permitting continued operations of the eight charter schools already authorized without voter consent.

Lawyers for the state’s Professional Charter Schools Board, appointees of the governor who oversee the system, appealed and said the circuit court ruling risks the goals of the schools to improve student learning, promote higher student achievement and expand parents’ choice.

The Supreme Court has laid out a scheduling order with written briefs from both sides due late this winter and into the coming spring. After that, the appeals court would take steps to decide the issues in the case.