State officials ask WV Supreme Court for more time on school funding lawsuit, cite upcoming session

West Virginia officials are asking the state Supreme Court to wait until next spring to consider a lawsuit that alleges inadequate public school funding.

The time gap could give the state Legislature time to rework the state’s school funding formula, which is the crux of the lawsuit. 

The state’s seven-step school funding formula, which hasn’t been updated for years, largely relies on headcount to determine funding. West Virginia is dealing with a population loss and a wave of school closures; school officials largely point to the funding formula’s outdated method.

A new filing by the West Virginia Attorney General’s Office on behalf of leaders in the legislative and executive branches asks for delay in the school funding lawsuit until next April. 

Lawmakers’ next 60-Day session will begin Jan. 13, 2027.

“Petitioner asks this Court to order the political branches to rewrite West Virginia’s school aid formula. But the political branches are already engaged in discussions. 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 Nov. 9,” said the attorney general’s filing.

Consideration of the school funding formula is expected during the session, the attorney general’s office added. 

Gov. Patrick Morrisey has already said that public school funding issues will “dominate the next legislative session” in January. 

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. The suit was filed on behalf of a sixth grader in Lincoln County Schools, and Lakin Patten, the student’s parent.

The group believes that the state is not following a state Constitutional mandate that it provide a thorough and efficient education due to the current funding formula.

The lawsuit listed the state school board, State Schools Superintendent Michele Blatt, House Speaker Roger Hanshaw, Senate President Randy Smith and others as respondents.

In response to that suit, school board members last month approved a motion that the board’s attorney advance their position that the current school funding formula is inadequate.

The state Attorney General Office said in its filing that holding off in the case will “give lawmakers the opportunity to evaluate whether and what adjustments to the education system are appropriate.”

“The Governor and Legislature, including State Officer Respondents, deserve the chance to discuss any proposed amendments without juggling litigation deadlines tied to a record subject to additional factual development,” the filing said. 

Lawmakers ended the 2026 regular session in March without making any changes to the school funding formula despite numerous bills to make changes to it. Many of those proposed changes had more than $100 or $200 million price tags, creating a hangup for lawmakers’ approval. 

The state school board has recently shared its proposal for restructuring the school funding formula to address declining enrollment along with monetary needs in special education, high poverty areas, rural schools and more. 

The board hasn’t released a total cost for its school funding proposal; their special education reform piece alone would cost $190 million.

Last week, Berkeley County Schools Superintendent Ryan Saxe said it will file its own lawsuit against state officials over the school funding formula. School officials believe the current funding formula does not reflect the responsibilities the county is required to fulfill in education, especially in serving special education students.