State Leaders Ask WV Supreme Court to Pause School Funding Lawsuit Until April 2027

CHARLESTON, W.Va. — The fight over how West Virginia pays for its public schools just took a new turn. A group of the state’s top officials is asking the Supreme Court of Appeals of West Virginia to put a major school funding lawsuit on hold until next spring, giving lawmakers a chance to fix the formula themselves first.

In a motion for abeyance filed Thursday, the officials asked the justices to freeze all deadlines and set aside any consideration of the case until April 12, 2027. That date lands just after the end of the Legislature’s upcoming 60-day regular session, which opens Jan. 13, 2027.

Who is asking for the pause

The request comes from House Speaker Roger Hanshaw, Senate President Randy Smith, State Auditor Mark Hunt, Tax Commissioner Matthew Irby, State Treasurer Larry Pack and the West Virginia School Building Authority. Attorney General John B. McCuskey’s office is representing them.

Their argument is simple enough: the executive and legislative branches are already working on a fix, so there’s no need for the court to step in right now. Holding off, the filing says, would save the court’s time and keep everyone from writing briefs about a formula lawmakers may soon change.

The officials also point out that state law already pauses lawsuits involving legislators while they’re meeting. Those automatic stays cover interim meetings in November and December and the stretch from Jan. 3 through April 12, 2027. Because that leaves only short windows for the case to move forward anyway, they say their request adds just a few extra weeks. The court had earlier set Nov. 20 as the deadline for the respondents to answer the petition.

What the lawsuit is about

The case, known as Patten v. Hanshaw, was filed Sept. 25 by the West Virginia chapter of the American Civil Liberties Union on behalf of a Lincoln County student, identified only as M.D., and the student’s mother, Lakin Patten. It asks the high court to order state and local officials to overhaul the way West Virginia funds its schools, arguing the current formula falls short of the state constitution’s promise of a “thorough and efficient” education.

The case echoes Pauley v. Kelly, the landmark school funding fight from nearly 50 years ago. And in a notable twist, the West Virginia Board of Education, which is itself named as a respondent, voted 7-1 at its Oct. 14 meeting to tell the court that the current formula is inadequate. The board pointed to the formula’s heavy reliance on enrollment and the lack of extra money for students in poverty, students with special needs, English learners and small, isolated rural schools.

A fix already on the table

On Oct. 13, the state Department of Education sent Gov. Patrick Morrisey and legislative leaders a draft bill that would rework the Public School Support Program. The proposal would help protect counties from funding swings when enrollment drops and would add weighted funding for student needs such as special education, poverty and English language learning.

State Superintendent Michele Blatt and School Finance Operations Officer Uriah Cummings are scheduled to present that draft to the Legislature’s Joint Standing Committee on Education during interim meetings on Nov. 9.

It’s now up to the justices to decide whether to grant the pause. Either way, from Lincoln County to the Northern Panhandle, families, teachers and county school boards will be watching closely, because how this shakes out could shape every classroom in the Mountain State for years to come.