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West Virginia
Useful Resources
Historical Background Several parents
in West Virginia brought suit in 1975, arguing that
their children were receiving an inadequate education
in violation of the state constitution's education and
equal protection clauses. In 1979, the Supreme Court
of Appeals of West Virginia, in Pauley v. Kelly,
255 S.E.2d 859, held that education was a fundamental
right and remanded the case for trial. The court also
defined the constitutional standard for education as
one that "develops, as best the state of education
expertise allows, the minds, bodies and social morality
of its charges to prepare them for useful and happy
occupations, recreation and citizenship, and does so
economically."
In 1982, the trial court found the school finance system
unconstitutional and, with the help of the state superintendent
of schools, developed a 356 page master plan for reform.
Delays in implementation of the plan led plaintiffs
back to court where they obtained a ruling from the
Supreme Court that the state has “a specific duty
to implement and enforce the policies and standards
of the Master Plan.” Pauley v. Bailey,
324 S.E.2d 128, 135 (1984). Although the legislature
subsequently adopted a number of reforms, the main equity
reforms and educational innovations promised by the
Pauley decision were not implemented, primarily
because of resistance to increased funding.
In 1995, plaintiffs returned to court and, a year later,
the trial court in Tomblin
v. Gainer, found that the state had ignored
many of the reforms the court had ordered. The court
held that the state still did not provide a "thorough
and efficient" system of education. In 1998, the
legislature established a state office to perform school
reviews and, under a 2000 court order, the state must
evaluate and report on individual schools' specific
needs, including personnel, curriculum, and facilities.
2003 Events
In January 2003, the trial court denied plaintiffs'
remaining motion for an order to change specific aspects
of the state's funding calculations. In this decision,
Tomblin
v. State Board of Education, the court declared
the system enacted in 1998 constitutional and ended
its jurisdiction. In December 2003, the trial court
denied plaintiffs’ motion to set aside, vacate,
or amend the January ruling.
Advocacy Strategies
Challenge
West Virginia is a "statewide organization
of parents, educators and other West Virginians committed
to maintaining and improving small community schools."
In response to closure of 25% of rural schools and the
resulting bus rides on mountain roads for children of
all ages, Challenge has mounted a statewide effort to
"end long bus rides."
Useful Resouces
J.L. Flanigan, "West Virginia’s Financial
Dilemma: The Ideal School System in the Real World,"
15 J. Educ. Fin 229 (1989)
Jeannette A. Sites and Richard Salmon, "West Virginia’s
School Finance: A Look at the Past and Present,"
17 J. Educ. Fin 318 (1992).
Last updated, March 2008 |
