State News

Gov. Jim Justice announced U.S. Department of Education has approved a waiver the state’s level of schools funding in relation to pandemic relief funds.

“As I said all along, I knew this was not going to be a problem,” Justice said in an early-evening news release.

“So, while we are all pleased the U.S. Department of Education accepted our waiver because we made it clear that education is a top priority in West Virginia, this announcement came as no surprise and was never a real issue.”

The possibility of a $465 million federal “clawback” jolted the final weeks of the regular legislative session as lawmakers were trying to put the final touches on the constitutionally required state budget.

The uncertainty contributed to decisions to pass a “skinny budget” that left some priorities like potential surplus spending undetermined. A May special session is envisioned to work out some of the remaining financial questions.

Justice today said the “clawback” gloom was an overrreaction.

“The potential of a ‘clawback’ should never have been used to scare anyone. That narrative only distracts from the positive progress we have made as a state. Let us put this issue to bed and continue making West Virginia the best place to live, work, and raise a family,” Justice stated.

The problem was based not on any allegations of misspending — but instead over whether school systems fell short on an obligation to maintain financial support for education at levels in line with overall spending.

West Virginia, like other states, drew down millions of dollars in covid relief from the federal government. One of those sources was the Elementary and Secondary School Emergency Relief fund.

That fund has a requirement known as maintenance of effort, a standard introduced on April 21, 2021 requiring the state to keep the same proportional level of funding for schools as it had before the pandemic. That was measured in comparison to the state’s spending in other areas.

The Justice administration has said the federal spending ratio was a challenge for West Virginia because of its formulas in state law for education funding. For example, under West Virginia’s school funding system, the state funds a certain number of teachers and other educational positions for each school district based on the district’s student enrollment.

Waiver request documentation by the state described declining enrollment in the school system. But the document made a case that West Virginia had increased its per-pupil spending.

West Virginia’s submission calculated that K-12 per pupil spending was $8,010 in 2022 and $8,219 in 2023. That compared to an average of $7,570 spending per pupil in the three years prior to the pandemic.

And the document maintained that comparisons of education spending to overall spending got out of whack because of new, increased spending in the state healthcare system, prompted by the covid-19 pandemic.

The U.S. Department of Education guidelines say decisions on waivers “will be rooted in the consideration of the impact on students.” The purpose of the federal funds, the guidelines indicate, “is to expand resources for K-12 and postsecondary schools and students, not to replace existing state commitments.”

During the most recent legislative session, officials attempted to demonstrate West Virginia’s commitment through passing a bill representing average 5 percent pay raises for educators. A fiscal note estimates that’s a $77.5 million outlay. Another bill represented a $150 million supplemental appropriation for School Building Authority projects all around the state.

Justice, in the Friday evening news release, said West Virginia has demonstrated its commitment to financial support for schools.

“We’ve made substantial improvements to our education system. These investments are exactly what the U.S. Department of Education was looking for during their review, and I’m genuinely thankful these funds are directly benefiting our schools, teachers, and students instead of going back to Washington, D.C.”

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— By Bill Cornwell

HUNTINGTON, W.Va. — Marshall’s football team has spent much of the past month working out of public sight during spring practices, implementing a new offense and tweaking the defense.

Those changes will be in full public view on Saturday when the Thundering Herd hosts its annual Green-White Spring Game at 4 p.m. at Joan C. Edwards Stadium.

Proceeds from the game benefits the work of the MU Quarterback Club, with funds being plowed back into the football program.

The big focus this spring has been implementing an Air Raid offense that incorporates short, quicker passes and a higher pace of play. Gone is the more deliberate pace of a spread offense run by Marshall for several years.

The work has been led by new offensive coordinator Seth Doege, a veteran in the system from his days as a player at Texas Tech.

“I’ve been learning about the offense myself. It’s fun and simple,” fourth-year Marshall head coach Charles Huff said. “It’s not difficult, but timing and spacing are important and there is a lot of opportunity to make big plays in it.”

Returning quarterback Cole Pennington and Tulsa transfer Braylon Braxton will be featured behind center on Saturday as well as backup Colin Parachek and true freshman JacQai Long from Hurricane.

Another transfer quarterback, Mitch Griffis from Wake Forest, will join the battle for playing time this summer.

Huff said there is no front-runner for the starting quarterback job, but he knows what he and the offensive staff are looking for in a leader.

“We’re still trying to see who can be the most consistent,” Huff said. “We’re giving them the time to embrace what we’re dealing with and how the defense reacts to it. The biggest thing for me is not only who can master the system, but who can go out and execute on the variables and fix things on the fly.”

Marshall’s talented group of transfer wide receivers will get plenty of chances to impress on Saturday, a group that includes Bralon Brown from Ole Miss, Carl Chester from Tulsa, Christian Fitzpatrick from Michigan State, Elijah Metcalf from Middle Tennessee and Tychaun Chapman from North Carolina. DeMarcus Harris and Chuck Montgomery are returning Herd receivers who will also be seeing action in the Spring game.

Marshall also brought in offensive line help and many of those newcomers will get their debuts in front of fans, along with highly-touted transfer running back Jason Shuford from North Carolina State.

Admission to Saturday’s game is $5 and tickets can be bought at the gate. Parking passes for the West Lot of Edwards Stadium are available at $20 each. Parking will be open to fans at 10am on Saturday and stadium gates will open at 2:30 pm

— — — — —

Marshall has signed a one-game deal with Wisconsin for the 2028 season.

The contest between the Thundering Herd and Badgers will be played on Sept. 2, 2028, and will serve as the season-opener for both teams.

“We are thrilled to make the trip to Madison with the Thundering Herd in 2028,” Marshall Director of Athletics Christian Spears said. “These games are awesome experiences for our fans and for our team. As always, we are looking to create some momentum and buzz heading into our SBC season, so we are really excited for this one.”

The contest will match the Herd against Wisconsin for the second time in their history together and the game will take place during the week of the 20-year anniversary since the teams last met.

In the lone previous meeting between the teams back in Sept. of 2008, Marshall jumped out to a 14-point lead early in the second quarter before the nationally-ranked Badgers proved too much for the Herd.

The addition of Wisconsin tentatively gives Marshall three of its four non-conference opponents for the 2028 season. Marshall also hosts Ohio in the Battle for the Bell on Sept. 9 during that season while also having a contest against Central Connecticut currently booked for a date to be determined later.

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MOUNT OLIVE, W.Va. — A Fayette County inmate has been convicted of second-degree murder in connection to a deadly stabbing at the Mount Olive Correctional Center over three years ago.

Prosecuting Attorney Anthony Ciliberti, Jr. announced this week that Charles Redman, 55, of Mount Olive, pleaded guilty to the felony offense before Circuit Judge Thomas H. Ewing.

West Virginia State Police (WVSP) received a report of a stabbing at the Mount Olive Correctional Center on November 20, 2020. Investigators told troopers that Redman had stabbed another inmate multiple times. The victim eventually died that evening at Montgomery General Hospital.

Video surveillance obtained from the prison showed that Redman followed the victim to an upstairs hallway after the two got into a confrontation. Redman approached the victim and began stabbing him. Investigators recovered the weapon that Redman used in the stabbing. It was an improvised weapon made of a piece of metal and was about 8 inches long. WVSP confirmed the weapon had DNA of the victim on it.

According to correctional officers, Redman admitted that he stabbed and killed the victim during a recorded phone call that he made to a relative.

Redman faces 10 to 40 years in prison. His sentencing is currently scheduled for July 8, 2024.

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Just a couple of days after a transgender middle school student won an appeals court ruling to allow her to compete on the track team, several athletes from a rival team stepped into the shot put against her and then stepped back out, declining to participate.

The situation unfolded at the Harrison County Championships for middle schools on Thursday. OutKick, an outlet that covers sports from a conservative perspective, broke the story nationally with an article that included video of middle schoolers with their faces blurred stepping out of the shot put competition.

Riley Gaines, 24, a former collegiate swimmer who has been involved in gender issues surrounding sports, including in West Virginia, publicly commented on the middle school event, calling out the transgender athlete by name. Gaines hosts a podcast for OutKick, which is owned by Fox Corp. and founded by Clay Travis.

In a social media post that led off with fire alarm symbols, Gaines wrote, “FIVE middle school female athletes in West Virginia refuse to throw shot put against male, Becky Pepper-Jackson. This comes just 2 days after the Fourth Circuit Court of Appeals blocked the WV law that says you must compete in the category that matches your sex.”

She continued, “It’s a sad day when 13-14yr old girls have to be the adults in the room, but I couldn’t be more inspired by and proud of these girls.”

This past Tuesday, a three-judge panel ruled that West Virginia’s law forbidding the participation of transgender athletes on school sports teams violates the rights Becky Pepper-Jackson, the plaintiff in the case. The court ruling was split, 2-1.

“The question before us is whether the Act may lawfully be applied to prevent a 13-year-old transgender girl who takes puberty blocking medication and has publicly identified as a girl since the third grade from participating in her school’s cross country and track teams,” Judge Heytons wrote in the majority opinion. “We hold it cannot.”

The Harrison County middle school track championship was Thursday, just two days after the court ruling. Records show that Becky Pepper-Jackson won the shot put by a significant margin, three feet difference. She placed second in the discus, two feet behind the first place finisher from Lincoln Middle and three feet ahead of another Lincoln Middle competitor.

The records show that five Lincoln Middle shot put athletes are listed with no distance. Athletes from other county middle schools participated in the event. Bridgeport Middle swept the top three shot put positions with Becky Pepper-Jackson’s 32-foot effort achieving the top mark.

Becky Pepper-Jackson’s situation has been in the spotlight of the political race for West Virginia’s governor’s race recently, too. An advertisement released Wednesday for businessman Chris Miller features statements from two women citing concerns about a shared locker room. “The trans shouldn’t get more rights than what our kids have,” one of the women says.

Even as the sports eligibility case has been under consideration in federal appeals court, Pepper-Jackson has regularly participated in middle school track events.

Becky Pepper-Jackson, according to filings in the court case, was born male but identified as a girl from a very young age. By third grade, she was living as a girl at home and told her mother and father she did not want to keep going to school dressed as a boy.

More recently, she was diagnosed with gender dysphoria and had been receiving puberty-delaying treatment for almost a year when West Virginia passed a bill affecting transgender athletes.

In 2021, West Virginia joined dozens of states placing restrictions on transgender athletes’ participation on sports teams.

House Bill 3293 defines male and female “based solely on the individual’s reproductive biology and genetics at birth.” It says “any student aggrieved by a violation of this section may bring an action” against a county board of education or college “alleged to be responsible for the alleged violation” — intended to allow lawsuits over anyone contending a transgender athlete was gaining advantage in sports.

Lawyers for middle schooler Becky Pepper-Jackson — or B.P.J., as she is identified in court filings — challenged the law under Title IX policy and the Constitution’s Equal Protection Clause.

Early last year, U.S. District Judge Joseph Goodwin of the Southern District of West Virginia upheld West Virginia’s law. In February, 2023, the appeals court issued a stay of that ruling while the case was under review. The stay allowed Becky Pepper-Jackson to continue to compete.

In this week’s ruling, the appeals panel majority took note of the many steps Pepper-Jackson had taken in her identification as a girl, including the use of puberty-blocking medication. By doing so, her body has not gone through the effects of puberty associated with increased strength and speed, the panel concluded.

“Because B.P.J. has never felt the effects of increased levels of circulating testosterone, the fact that those who do benefit from increased strength and speed provides no justification— much less a substantial one—for excluding B.P.J. from the girls cross country and track teams,” according to the majority opinion.

More broadly, the majority concluded, “Without more, the defendants may not simply posit that all cisgender girls are entitled to be protected from competition from all transgender girls, even when the result is harm to transgender girls.”

The third judge on the panel, Agee, said the appeals ruling went too far. The dissenting opinion by Steven Agee said B.P.J., as she is called in the court filings, took opportunities away from other girls. Agee’s dissent highlighted that Becky Pepper-Jackson “dominated track meets.”

“Rather than finishing near the back of the pack — as B.P.J. contended would be the case in the motion for the injunction — B.P.J. consistently placed in the top fifteen participants at track-and-field events and often placed in the top ten. In so doing, over one hundred biological girls participating in these events were displaced by and denied athletic opportunities because of B.P.J.,” the judge wrote.

“Additionally, B.P.J. earned a spot at the conference championship in both shot put and discus. Because participation in a conference championship event requires that the athlete place in the top three competitors at their school, judged by their best performance that season, two biological girls were denied participation in the conference championships because of B.P.J.”

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CHARLESTON, W.Va. — Over 200 staff, students, and partners at West Virginia State University getting to work across the community in an effort to show how much they care.

The 11th annual WVSU Cares Day, a day of community service, was held Friday at 17 sites throughout Kanawha and Putnam counties.

WVSU President Ericke Cage said it’s a way the school can give back.

“It’s our way to really express to our community how much we appreciate all of the support that they give us as an institution,” said Cage.

The volunteers were working on a variety of projects Friday as part of the Cares Day, from painting and planting, to cleaning and organizing.

The work was being done at a number of non-profit organizations throughout the community. Some of them included The American Red Cross, where landscaping and recycling work was being carried out, The Salvation Army, where the volunteers were cleaning and organizing the food pantry there, and at Mountain Care Network, where they were cooking food for those in need.

Cage said more and various work was going on at the other locations, as well.

“Toys and items are being donated to the needy, we are just at Union Mission now where we will be doing a combination of painting and cleaning and also sorting items, we’ll have people out at Kanawha State Forest,” he said.

Cage said some of the work still included clean up from the April 2nd storm that hit the region and brought about a total of 10 confirmed tornadoes.

He said the storm did some damage to WVSUs’ campus, but Cage added that what he remembers most about the event was not the destruction it caused, but the resiliency of the community and how everybody came together to help each other build back.

He said whether it be the Kanawha County Commission, the City of Charleston, the Higher Education Policy Commission, or the Red Cross, they all stepped up to help WVSU make the necessary clean up and repairs on its campus.

Now, Cage said it was time to return the favor and extend it out into the whole community.

“Today is our opportunity to give back, to say thank you for helping West Virginia State, thank you for believing in us and helping us get through, not just the storm, but to get through the day to day life of the work that we do at the university,” said Cage.

Cage said Cares Day got started at WVSU back in 2013.

He said every little bit helps these organizations and makes a difference.

“When you’re out here running a non-profit organization, anytime that you can get volunteers to step up and to help, you advance your mission is critically important,” said Cage.

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BECKLEY, W.Va. — The decision by Beckley City Council to switch to a city manager form of government was back in court Friday on the city’s motion to dismiss a legal challenge filed by a Beckley businessman.

The city told Raleigh County Circuit Judge Andrew Dimlich that businessman Doug Epling’s lawsuit should be dismissed because the city’s charter gives council the authority to make the move.

That charter said council can pass an ordinance to change forms of government. Beckley had had a strong mayor form of government.

Dimlich heard testimony but didn’t issue a ruling on Friday.

Attorneys for Epling argued council’s January 4-3 vote to reduce the powers of the mayor while at the same time hiring a city manager violates state law.

Epling told reporters after Friday’s hearing city council is ignoring the residents of Beckley by not giving them the opportunity to vote.

“I just think the people need to be represented and someone needs to take up the fight for them,” Epling said.

He added the city’s municipal government has been ignoring its residents in other areas.

“I love this community, my wife, my family, we love it, someone has to speak up for the people,” Epling said.

Beckley Mayor Rob Rappold, who sent an email to council members in January suggesting the issue be put on the ballot for a referendum, said Friday he did so because he thought a council member was going to vote to table the city manager proposal. He said the member then changed his mind and said he would vote for it.

“Council rules; so that’s how all of that came together,” Rappold said. “I thought that if we tabled it and there was a motion to take it to a referendum we could do that. Either way I think it’s fine.”

Beckley Council has yet to find a city manager. Its recruitment committee unanimously recommended this week to hire a Virginia-based search firm to help it.

Epling is represented by attorney Debra Varner. Attorney Karen McElhinny represented the city in Friday’s hearing.

WJLS Reporter Keith Thompson contributed to this story.

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WEIRTON, W.Va. — The Cleveland Cliffs Tin Mill in Weirton will officially idle Saturday—impacting more than 950 jobs.

United Steelworkers Union Local 2911 President Mark Glyptis told MetroNews it’s important the point out the mill isn’t closing for good but idling. He hopes in the years to come steel dumping from foreign countries will be reigned in and the mill will reopen.

“We’re going to win,” Glyptis predicted Friday. “We’re going to come out on top of this against the odds that we have.”

Glyptis described it as a “difficult battle, an uphill battle, but we can win.”

There have been a lot changes Weirton over the years from the massive Weirton Steel to the smaller Cleveland Cliffs plant. There have been past closures because of steel dumping. Glyptis said there are many working behind to scenes in hopes of one day restarting the plant.

Cleveland-Cliffs is the largest flat-rolled steel producer in North America. The tin produced in Weirton has been used for canning products.

The plant in Weirton got caught up in the unforgiving churn of the international market economy. The company cited an earlier unanimous decision issued by the International Trade Commission negating the implementation of anti-dumping and countervailing duties on tin mill products calculated by the Department of Commerce. The company made its closure announcement in February. Glyptis said they lost all their customers.

“I’m disappointed and disgusted with the government and what they did to the people,” Glyptis said. “They didn’t do anything wrong. There are hard workers here.”

Just this week during a visit to Pittsburgh, President Joe Biden proposed raising tariffs to 25% on Chinese steel products. Biden said Chinese steelmakers are cheating with low prices and its impacting America.

Glyptis said he was encouraged by Biden’s comments. He said some of those steps may be part of a long-term solution.

Glyptis said about 100 of the 950 Weirton workers have gotten jobs at other Cleveland Cliffs plants in other states–another 100 or so will stay on board at Weirton until the end of the year to properly idle the operation. He said a few dozen others have gotten jobs elsewhere while the rest, several hundred, will go on unemployment.

As some workers punched the time clock for what may be the final time for at least the near future Friday, Glyptis refused to be pessimistic.

“I believe that in the long run there will be a mill here in Weirton. I believe that,” Glyptis said. “There are a lot of discussions going on with a lot of people.”

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CHARLESTON, W.Va. — The former Macy’s building in downtown Charleston is coming down.

Charleston Mayor Amy Shuler Goodwin and Kanawha County Commissioner Ben Salango announced on Friday’s “580 Live” with Dave Allen on MetroNews flagship station 580-WCHS demolition is slated for Monday to make room for the construction of the new Capital Sports Center.

“It’s been a long time coming,” Goodwin said. “What is going to be in replace of that building is truly going to continue the synergy and energy that we have in downtown Charleston.”

Salango said lawyers closed on the purchase of the old Macy’s property on Wednesday.

“We were finally able to get the agreements in place. We’ve recorded the documents. The Sports Authority now owns the Macy’s building, so we can start demolition,” he said.

City and county officials will hold an on-site walk-through for members of the media at 1 p.m. Monday. A press conference will be held at 1 p.m. Thursday.

Rodney Loftis & Sons will be completing the demolition.

The Capital Sports Center is part of Goodwin’s overall revitalization plan to beautify downtown Charleston and generate tourism. She said the new facility will give local athletes the chance to play sports at a high level.

“We’ve got some outstanding athletes here, and not just those that go on and get college scholarships, play volleyball or basketball, but we also have a community that their children need to learn, develop and grow,” she said. “Let’s give them a place to figure that out.”

Salango said the success of the Shawnee Sports Complex in Dunbar will hopefully be replicated in downtown Charleston. He said the commission has been in support of the Capital Sports Center project since it was announced in Aug. 2022.

“Commissioner Carper and Commission President Wheeler have been in support of this because they’ve seen how this works with the success at the Shawnee Sports Complex bringing in over $150 million in its first five years of economic impact,” Salango said.

The new center will feature an aquatic center, six basketball courts or 12 volleyball courts, six basketball courts, two wrestling mats, eight pickle ball courts, a fitness center, a turf soccer field, a running track, a swimming pool, a rock-climbing wall and a main gymnasium.

The entire project is expected to cost around $80 million.

The City of Charleston and Kanawha County Commission have each contributed $5 million each to get the project started. U.S. Senator Joe Manchin’s office has also provided $2 million.

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CHARLESTON, W.Va. — The state Division of Motor Vehicles announced Friday that its services are back up and running following a mainframe computer problem.

The DMV said the hardware issue was repaired at around 8:30 p.m. Thursday.

“All services at the 26 regional DMV offices and county sheriff’s offices are being offered. Online services and DMV Now kiosk services have also been restored. All regional offices are open today at their normal operating times,” the agency said.

There was no immediate word on what caused the malfunction.

The DMV was unable to process driver’s licenses, IDs, and motor vehicle registration renewals during the outage.

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MORGANTOWN, W.Va. — As college football programs go through the stretch run of spring practice, many players have made their intentions known they’re in the mix for a new program.

The spring transfer portal window for college football players opened Tuesday of this week and remains open through April 30.

West Virginia’s 12th of 15 spring practices is Friday, and the Mountaineers finish off spring sessions April 27 with their annual Gold-Blue Game. As WVU coaches prepare for the final week of spring, they do so while keeping a close watch on potential additions through the portal while maintaining sight on possible entrants presently within the program.

“A big part of it is seeing who you have that’s not going to be here. You want all of them,” West Virginia head coach Neal Brown said. “We had a team meeting [Tuesday] and we don’t avoid it. It’s not like everybody is walking around like, ‘I hope they don’t know that the portal is open.’ They know it and part of our reboot is we’re really transparent with our guys. The portal is open and what that basically means is everybody is a free agent and has individual choices.”

While it’s up to the player in each case to deem what they believe is their best fit, as the impact of name, image and likeness continues to increase across college athletics, other factors heavily impact decision-making.

“There’s a ton of benefit to being a college football player or men’s basketball player, and they’re making more money than they have, and they deserve it,” Brown said. “What people don’t talk about is there’s an added pressure element. There’s a comparison component and the fear of missing out or they look on social media. That puts a lot of stress on them and a lot of these guys get stressed from outside influences. Some of them come from home or agents that don’t really know exactly what’s going on within their sphere. Those pressures are real and I feel for them. There’s a ton of benefits to playing Power 4 football, but there’s a lot of pressure that a lot of people don’t understand or talk about.”

Inevitably, West Virginia will likely have at least a few players that have gone through most, if not all, of spring practice enter the portal in the near future.

“Money is a factor. The experience you’re having is a factor. Your individual situation is a factor,” Brown said. “They have to think about those things. I want everybody that practiced [Monday and Tuesday] to be part of our program and we care about them, but I get those decisions.”

As for potential additions in the near future, Brown noted the WVU secondary could benefit from bringing a player or two in through the portal.

“We just don’t have the depth there,” he said. “We’re better, but we need some depth.”

Brown also described the WVU defensive line as a “potential area of need” based on what the team discovers on the injury front.

Corey McIntyre Jr. suffered an injury during Monday’s practice and was on crutches with a brace over his left knee at the next practice Wednesday. Asani Redwood, who was in on 1.5 sacks over 11 appearances last season, is out for spring practice due to a shoulder injury. Oryend Fisher, a redshirt freshman along the defensive line, is also out for the spring after undergoing knee surgery in the lead-up to last season’s Duke’s Mayo Bowl.

While the 2024 roster is far from finalized, Brown likes the abundance of experience the team possesses at a number of positions. In particular, he’s spoken highly of the depth at linebacker, which wasn’t the case last season after Josiah Trotter missed his true freshman campaign with an injury and starter Trey Lathan was limited to five games due to a season-ending injury suffered at TCU.

“Where it really shows up is on special teams,” Brown said of the depth as a whole. “We do what’s called a 4-on-4 drill and it’s a competitive drill of punt and punt return. We did it the other day and as we watched it as a staff, I forgot who said it, but it was by far the most competitive and a lot of good on good player reps. That’s a credit to our overall depth and guys understanding the techniques that we’re teaching in those areas.”

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