Lincoln County Student Asks State Supreme Court To Order Fix Of School Funding

The suit, filed with the support of the American Civil Liberties Union (ACLU) of West Virginia, alleges the state’s persistent underfunding of public schools violates the “thorough and efficient” education guarantee as well as the equal protection provisions of the West Virginia Constitution.  

It asks the court to declare the state’s school funding system unconstitutional and order the state to meet its duty to provide a thorough and efficient education to every child in West Virginia.  

“Today’s filing could well prove to be the most important case we have filed in my ten years with the organization,” ACLU-WV Executive Director Eli Baumwell said. “Access to a quality education is part of the bedrock of our democracy, and the decision by the Legislature to turn their back on their constitutional obligation to fund schools will have cascading effects on students, and on our communities, unless the Court intervenes.” 

In a press release, the American Civil Liberties Union of West Virginia said their filing documents system-wide flaws in the school funding system that result in schools receiving less funding than they need, and funding being allocated unfairly.  

Drawing on financial data the state reports to the federal government, the state Department of Education’s own funding computations, and the state’s school report cards, the petition documents system-wide flaws in the West Virginia school funding system that result in schools receiving less funding than they need, and funding being allocated unfairly. The ACLU-WV highlighted four key issues: 

1. The poorest counties get less. In 2022-23, counties with the highest child poverty rates got less in state and local funding than counties with the lowest child poverty rates. 

2. The State counts pension debt as per-pupil spending.  

3. A levy rule meant to equalize funding now widens the gap. The funding formula counts only 85 percent of each county’s school levy toward its local share of school funding formula costs. The other 15 percent stays with the county on top of state aid. This means that the counties with the most property wealth per pupil get the biggest bonus.  

4. The difference in counties that closed schools isn’t facilities size or enrollment decline: it’s school funding. 

Nearly 50 years ago, another series of lawsuits from Lincoln County – Pauley v Kelley and Pauley v Bailey – led to the state school system being deemed unconstitutionally inadequate by the West Virginia Supreme Court of Appeals.    

“More than 40 years later, the same problems exist in schools across the state and particularly in Lincoln County,” ACLU-WV Legal Director Aubrey Sparks said. “In many respects, the school funding formula is yielding results that are even less fair, and raise more constitutional concerns, than the system previously declared unconstitutional.” 

The petition names the Speaker of the House of Delegates, the President of the Senate, the State Auditor, the Tax Commissioner, the State Treasurer, the West Virginia Department of Education, the School Building Authority, the State Superintendent, and members of the State Board of Education, along with Lincoln County officials. 

As required by state law, the ACLU notified state officials Aug. 17 that they intend to file suit on behalf of a class of Lincoln County students in 30 days.