Charleston, W.Va. (WVDN) – The West Virginia Board of Education (WVBE) voted during its October meeting to take the position in a lawsuit challenging the constitutionality of the state’s public school funding formula that the current funding formula does not provide a thorough and efficient education to the public-school students in this State. The Board made this decision in a 7-1 vote, with one member absent, in the case of Patten v. Hanshaw, et al., in which it has been named as a Respondent. Filed in the Supreme Court of Appeals of West Virginia, the Patten lawsuit contends that the state’s school aid funding formula fails to meet the constitutional requirement to provide students with a thorough and efficient education.
Nearly 50 years later, the Patten case raises many of the same concerns addressed in the Pauley v. Kelly case, which examined the equity and adequacy of state funding for public schools before the Supreme Court and Judge Arthur Recht. Because the WVBE is constitutionally charged with the general supervision of public education, it was named as a Respondent in the lawsuit. Several Board members, however, have publicly expressed concerns about the formula and the financial burdens it leaves for county school systems to shoulder.
“While it is the Legislature’s constitutional responsibility to provide for a thorough and efficient system of free schools in this State, our Supreme Court has held that it is this Board’s constitutional duty to ensure the complete executive delivery and maintenance of a thorough and efficient system of free schools. The current school funding formula fails to allow the Board to fulfill that duty,” the motion states.
The formula relies heavily on enrollment to determine school funding. Many counties are serving increasing numbers of students who require specialized services, including special education supports. Federal funding covers only 12 to 17% of these costs, leaving the counties responsible for funding services such as occupational, physical and speech therapy, as well as skilled nursing care for students with more significant needs.
West Virginia is among the few states that do not incorporate weighted funding into their school aid formula. This would provide additional resources for students from low-income households, students with disabilities and those in geographically isolated communities.
The West Virginia Legislature commissioned the RAND Corporation to study the state’s school funding formula. In its 2026 report, RAND recommended several changes, including revisions to the funding model. The WVBE has encouraged lawmakers to consider those recommendations and others as a means of providing relief to counties facing growing financial challenges.
“The Board has directed the West Virginia Department of Education (WVDE) to assist counties through guidance and technical support to help address the financial challenges ahead,” said WVDE School Finance Officer Uriah Cummings. “However, many of these issues cannot be resolved solely through reductions in force, personnel transfers and school closures. Several counties have already reduced expenditures as much as possible. The level of relief necessary will require a fundamental change in how public education funding is allocated.”
School funding documents are posted on the WVDE website.
Specially Designed Instruction
The WVDE Office of Special Education updated the Board on statewide efforts to strengthen the implementation of Specially Designed Instruction (SDI). SDI is not a new requirement; it is grounded in the Individuals with Disabilities Education Act (IDEA) and WVBE Policy 2419 and is foundational to special education. SDI involves adapting content, methodology or delivery of instruction to address a student’s unique disability-related needs while also supporting access to and progress in the general education curriculum.
This work advances the WVDE’s strategic goals by strengthening student outcomes, building educator capacity and supporting high-quality instructional practices. Ultimately, stronger implementation of SDI helps ensure students with disabilities receive the individualized instruction and support necessary to access learning, make progress and achieve meaningful educational outcomes.
County Accreditation Report
The WVBE approved the 2026 County Approval Status Accreditation Report, which serves as an overview of each school district’s operational efficiency and performance. It provides the public a better understanding of their local schools’ strengths and challenges based on 11 operational efficiency standards and indicators from the 2025-2026 Balanced Scorecard.
This year’s report demonstrates that many county boards continue to meet requirements across the majority of operational indicators. Several counties met requirements for all operational effectiveness indicators and had no student performance indicators requiring support or intensive support. Operational concerns continue to be concentrated in a limited number of areas, most notably Finance, County Board Member Effectiveness, Transportation, ESEA Programs and Special Education.
Across student performance indicators, the most frequently identified areas continue to be Attendance, Mathematics Achievement and On-Track to Graduation. Several counties have multiple operational or student performance designations that warrant continued monitoring and support.
The report also includes accreditation and approval determinations for West Virginia’s public charter schools. Several charter schools continue to demonstrate challenges related to graduation rates, on-track measures, post-secondary achievement, attendance and mathematics achievement.
Appropriate monitoring and support activities will continue in accordance with WVBE policy and charter accountability requirements.
The full report and documents shared during the October meeting are posted on the WVBE meeting page. Details on the Balanced Scorecard indicators are provided on the WVDE website.
Details on the Balanced Scorecard indicators are provided on the WVDE website.
