Berkeley County Schools To Sue Over School Funding Formula

The Berkeley County Board of Education notified government officials Wednesday that they intend to file suit over West Virginia’s school funding formula. State law requires a government agency receive at least 30 days notice before legal action.  

Ryan Saxe, superintendent of Berkeley County Schools, said the suit is not about asking for more than the county’s fair share of funding.   

“At the heart of the question that you know we’re trying to answer is: Does the West Virginia school funding system adequately support what school districts are responsible for providing their students, especially under the Constitution?” he said.  

As a border county, Saxe said Berkeley Schools are finding it almost impossible to compete with neighboring states Maryland and Virginia on teacher pay, leaving the county reliant on more than 200 permanent substitutes each year. 

“We simply have not been able to recruit enough certified teachers. Our board has taken steps locally to make positions more attractive and to retain educators that we already have,” he said. “However, we believe the state’s funding system must better recognize the regional labor markets in which school districts, especially in the Eastern Panhandle, operate and we cannot overlook the importance of having qualified educators in our classrooms.”  

The cost of special education is another key issue, far outpacing state aid.   

“Our school district spent $38 million more on special education services than what was provided through state aid,” Saxe told the Berkeley County Board of Education June 1, when it unanimously approved a motion authorizing the pursuit of litigation related to West Virginia’s school funding system. “Those costs must be absorbed locally and limit resources that could otherwise be invested with additional educational opportunities or salaries for our employees.” 

Saxe said despite legal action being taken elsewhere in the state on the issue of funding reform, Berkeley County Schools felt it was necessary to present their unique concerns. 

Last month a Lincoln County student, with the help of the ACLU of West Virginia, filed a petition asking the state Supreme Court to order lawmakers to fix school funding.  

In response, the state Board of Education last week formally acknowledged that the school funding formula, “as it stands, is inadequate and does not provide a thorough and efficient system of education to the students in the public schools in our state.”