Truby v. Broadwater

McGRAW, Justice:

The petitioners, Dr. Roy Truby, State Superintendent of Schools, and the West Virginia State Board of Education, seek a writ of prohibition against the Circuit Court of Ohio County prohibiting enforcement of an injunction issued restraining implementation of the State Board’s “C-average policy,” which was upheld as constitutional by this Court in Bailey v. Truby, 174 W.Va. 8, 321 S.E.2d 302 (1984). Following a brief discussion of the circumstances that led to this action, we will address the propriety of the issuance of the injunction challenged.

Chance Taylor was a tenth grade…