West Virginia government representatives are petitioning the state Supreme Court to postpone review of a lawsuit concerning West Virginia’s school funding formula until the upcoming spring, proposing this delay would afford the Legislature adequate time to address the matter.
The Attorney General’s Office filed paperwork this week asking the justices to delay considering a lawsuit brought in September by attorneys for the American Civil Liberties Union-West Virginia. The ACLU’s legal challenge asks the court to step in and force lawmakers and executive branch leaders to reform the entire public school funding system, citing statewide funding inequities.
A Legislative Timeline Versus Judicial Intervention
State lawyers contend that elected officials are already tackling the problem. The Department of Education has delivered an overhaul of the formula to the Governor and legislative leadership. The Joint Standing Committee on Education plans to hear the Department out on November 9.
From there, the timeline moves toward the 60-day regular legislative session, which convenes on January 13, 2027. Lawmakers will have the chance to assess whether changes to the education system are necessary, and what form those modifications should take, through upcoming interim committees and planned evaluations of the school aid formula during the regular session, according to state officials.
Article XII, Section 1 of the West Virginia Constitution requires the Legislature to provide a “thorough and efficient system of free schools.” The ACLU argues that the state is failing that standard, drawing parallels to the 1982 Recht Decision. The state’s public school funding mechanism was deemed unconstitutional in that judgment due to the vast financial disparities it produced between affluent and impoverished counties.
The Crushing Weight of Special Education Shortfalls
Across West Virginia, school systems face school funding shortfalls driven largely by an enormous deficit in special education costs. Superintendents point out that students requiring specialized care—such as nurses or one-on-one learning—frequently lack adequate state funding.
Education officials estimate the cost just to bolster special education is $190 million, with other financial improvements presumably costing even more. These financial strains have led to school closures and consolidations all over the state, with officials warning that 8 to 20 schools face closure or consolidation in the coming year.
While previous legislative proposals to replace enrollment-based funding with an updated needs-based tiered system have crashed out the past couple of legislative sessions, the pressure to act is mounting. An official stance declaring West Virginia’s present school funding mechanism unconstitutional was recently adopted by a majority vote of state school board members for submission to the state Supreme Court.
Patrick Morrisey’s Fiscal Approach
Patrick Morrisey has maintained a reserved approach to West Virginia public school funding, arguing that simply injecting more money into the system is not the solution. Speaking at a press conference, Morrisey indicated that school aid issues and education issues will dominate the next legislative session.
“We’re looking closely at the budget because we have to do something that’s affordable for our citizens. That matters, and education is a huge priority. We want to make sure we do this the right way,” Morrisey said.
Morrisey noted that West Virginia’s usually between 25 and 27 in a lot of the per capita spending, suggesting that a lot of it depends on how the monies are spent rather than a spending problem. His administration is currently analyzing the entry point proposal by the Department of Education.
It is unclear whether the state Supreme Court will grant the requested delay until next April.
