W.Va. Officials Seek Delay In School Aid Formula Case, Citing Planned Legislative Overhaul

State officials in West Virginia are asking the state Supreme Court of Appeals to pause an active lawsuit challenging the state’s school funding system, pointing to a sweeping legislative overhaul slated for the upcoming 2027 session, theintelligencer.net reported.

Seeking an Abeyance Ahead of the 2027 Legislative Session

The motion for abeyance, filed Thursday, asks the high court to delay the case until April 12, 2027. That date falls just weeks after the conclusion of the 60-day regular legislative session, which is scheduled to begin Wednesday, Jan. 13, and wrap up Saturday, March 13. The respondents named in the action include House Speaker Roger Hanshaw (R-Clay), Senate President Randy Smith (R-Preston), State Auditor Mark Hunt, State Treasurer Larry Pack, State Tax Commissioner Matthew Irby, and the School Building Authority.

Representing the Attorney General’s Office, Principal Deputy Solicitor General Holly J. Wilson argued in court filings that political leaders, Gov. Patrick Morrisey, and Department of Education officials are already deep into discussions regarding a comprehensive funding reform package. According to Wilson, this legislative work could ultimately render the ongoing lawsuit unnecessary.

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 Joint Standing Committee on Education is set to meet Nov. 9 to review the proposed package, which first made its appearance before the state Board of Education in October. State leaders maintain that forcing executive and judicial intervention while the legislature prepares its own fixes runs counter to state governance.

Under West Virginia Code 4-1-17, lawmakers and legislative employees are excused from attending to matters before executive and judicial tribunals when those obligations conflict with their public duties during regular and interim sessions, as well as designated buffer periods.

The Roots of the Challenge and Shifting Demographics

The underlying legal challenge began in late September, when the ACLU of West Virginia filed a petition on behalf of a class of Lincoln County families. The lawsuit argues that the state’s current setup violates its constitutional obligation to maintain a thorough and efficient public school system. Interestingly, the state board adopted a position last week aligning with the core complaints raised by the families.

The formula itself traces its lineage back to a 1982 decision by former Ohio County Circuit Court Judge Arthur Recht. That ruling followed a lawsuit filed on behalf of Lincoln County families by the ACLU of West Virginia, which contended that state officials have violated their constitutional duty to maintain a thorough and efficient public school system.

W.Va. Officials Seek Delay In School Aid Formula Case, Citing Planned Legislative Overhaul — Photo: newsandsentinel.com

Department of Education figures released last week show fall headcount enrollment for the current school year dropped to 226,687 students. That represents a 3.5% decline from the 234,957 students recorded in the 2025–26 academic year, translating to a loss of 8,270 students in a single year.

Zooming out reveals an even sharper trend. Over an 11-year period starting with the 2015–16 school year—when public enrollment sat at 277,452—West Virginia has seen an 18.3% drop, losing 50,765 students. Preliminary state data indicates that between the 2025–26 and 2026–27 school years alone, 4,693 students left the system entirely: 3,129 shifted to homeschooling, 3,111 enrolled via the Hope Scholarship educational voucher program, 540 entered private schools, and 23 moved to micro schools. (Note: Category totals reflect students transitioning across multiple options). Consequently, county boards have consolidated or closed nearly 140 public schools since 2011, according to data from the West Virginia Center for Budget and Policy.

Proposed Overhauls and Funding Realities

The Department of Education’s draft legislation aims to address these structural strains by shifting away from a purely enrollment-driven model. Instead, the proposed formula would weight funding across multiple tiers, factoring in service intensity, low socioeconomic status and poverty, English learner populations, career and technical education, gifted programs, and rurality.

Legislative Delay: Why Is It Taking SO Long?! #shorts

To protect districts from sudden revenue cliffs caused by shifting student counts, the proposed bill introduces a calculation mechanism establishing base funding using either the prior year’s second-month net enrollment or a three-year average—whichever is higher.

While the full price tag of the overhaul remains slated for a secondary phase, state officials note that implementing changes specifically for special needs funding could cost up to $190 million. Speaking at a press conference, Gov. Patrick Morrisey noted that he has discussed the proposal with State Superintendent of Schools Michele Blatt and continues reviewing the internal metrics.

Whether the state Supreme Court grants the requested delay until April 2027 remains to be seen, but education policy is primed to dominate the upcoming legislative session.