The state Supreme Court has recognized a lawsuit over West Virginia education funding and issued a scheduling order.
The respondents in the case, and there are lots, are supposed to enter a brief or summary response or brief by the end of this month. After that, the case will be considered ripe for consideration by the Supreme Court.
Earlier this month, lawyers for American Civil Liberties West Virginia filed a lawsuit asking the state Supreme Court to determine that West Virginia’s school funding formula is inadequate and results in inequities across the state.
The lawsuit asks justices to order state officials to fix school funding. The filing spotlights Lincoln County as a primary example of constitutional failure.
The petition lists as respondents House Speaker Roger Hanshaw; Senate President Randy Smith; Auditor Mark Hunt; Tax Commissioner Matthew Irby; Treasurer Larry Pack; the state Department of Education; members of the state Board of Education, the School Building Authority, state schools Superintendent Michele Blatt, plus Lincoln County school board officials and county officials.
Lawmakers have discussed replacing the enrollment-based funding formula with an updated needs-based tiered system, but all of their proposals have crashed out the past couple of legislative sessions.
In the off season, lawmakers have focused several interim committee discussions on possibilities for reforming the school aid formula but it’s not yet clear what they intend to do.
Delegate Jordan Maynor, R-Raleigh, said on Radio Roundtable on WJLS AM in the Beckley area, that he feels confident that the House will address school funding.
“I’m highly confident, highly confident, we get something done in January. Can I sit here and tell you exactly what the numbers will be? No, I can’t, because even once we get all the all the proposals on the table, you’re going to have some gaps in agreement,” Maynor said.
“And so that’s what the legislative process will be. It will be hashing that out. It will be give and take. It’ll be, you know, a compromise — if you will, that dirty word compromise. And then we’ll come out in March and and have a product that is going to move the ball forward in West Virginia.”
He acknowledged that there will be differences in the details of how different people view policy proposals.
“I think between the House and the Senate, you’re going to see various plans. I think the Department of Education, the state, is also working on a plan. I’m supposed to be getting some feedback on that any any day now,” Maynor said.
“And then I think the governor’s office will obviously come up. So that’s really how you get big things done. Is you have all the various parties put their ideal bill, if you will, on paper, and then you throw them on the table, and then you start making it work.”
State Senator Vince Deeds, also speaking on Radio Roundtable, said school funding and reforming the school aid formula are top priorities for both the Senate and House.
Deeds, R-Greenbrier, said discussions are underway with the House and governor’s office, and that lawmakers need to agree on funding and get legislation passed as early as possible — ideally in January or early February — so school boards have clarity before making staffing decisions.
“I’m glad that we we take a moment to talk about this because, to me personally, I think the school aid formula and and public education is really at the forefront of my agenda,” Deeds said.
“And the good news is, I think it’s the forefront of not only the House House’s agenda, but also the Senate’s.”
He added, “Public schools are such a important part of their community, and and so we have to get this right. We know it’s going to be a top priority bill for for really both chambers. It’s going to be right right at the forefront.”
Deeds said it’s important to loop in the Governor’s Office, too.
“You know we want to make sure that whatever initiatives we put forward, that you know the governor’s office is early early in the game too because the last thing we want is to advocate for some legislation, solid legislation, and then surprise the governor’s office with it,” he said.
“So we we we continue to share that information with the governor’s office, and I think we’ll have a really good idea of which direction we’re headed here in January.”