09/25/2026
A quality education is part of the bedrock of a healthy democracy. West Virginia’s underfunding of schools is unconstitutional and leaves the state at or near the bottom of nearly every national ranking.
It’s time for the state Supreme Court to order the politicians in Charleston to do their jobs and protect our kids’ education.
Here’s what you need to know about our lawsuit.
WORSE THAN BEFORE - School funding today is lower quality and less fair than it was in 1982, when a court famously declared it “woefully inadequate” and said that a county’s property wealth cannot determine the quality of a child’s education.
Today, the gap in education funding between the richest and poorest counties is over three times wider than it was when declared unconstitutional in the “Recht Decision.”
PUNISHING THE POOREST COUNTIES – States spend an average $2,400 more per student in their highest-poverty districts than in their average districts. West Virginia does just the opposite. Counties with the highest rates of child poverty get less in state and local funding than their wealthier peers, despite the fact that it costs more to provide an education to those students.
THE MYTH OF ADEQUATE FUNDING – West Virginia’s overall per-pupil spending is greatly inflated on paper due to a little-known accounting rule that results in pension debts from the 1980s and 1990s being listed as spending on pupils today, even though that money never makes it to the classroom. In 2022-23, the most recent school year for which these records were available, pensions accounted for a staggering $296 million of so-called per-pupil spending.
INADEQUATE SPECIAL EDUCATION FUNDING - Nationwide, States fund about 26% of the cost of special education. In West Virginia, the State funds just 2%.
Counties are left to make up the difference, and counties that cannot generate enough local funds do not have enough funding to provide necessary special ed services. Because special ed services are required by federal law, funds that would normally be spent on general education services must be tapped for special ed.