West Virginia

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.

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.

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: May 2012


WV–Campbell: School Funding Formula Could Change to Better Address Students’ Needs

WV MetroNews – Campbell: School funding formula could change to better address students’ needs WV MetroNews – Campbell: School funding ...
Read More

Six State Legislatures Have Considered Constitutional Amendments to Curb Courts’ Powers — but None of Them Have Been Adopted

As confrontations between courts and state legislatures have increased in a number of states in recent years, state legislators in ...
Read More

Senate Finance Passes 4 Percent Raise for School Employees, State Police

Senate Finance Passes 4 Percent Raise For School Employees, State Police Senate Finance Passes 4 Percent Raise For School Employees, ...
Read More

West Virginia Teachers’ Strike Highlights the State’s Poverty

West Virginia teachers' strike highlights the state's poverty West Virginia teachers’ strike highlights the state’s poverty MARTINSBURG, W.Va. -- Before ...
Read More


Last September, West Virginia’s Legislative Auditor’s Office issued a report alleging that the West Virginia Department of Education had been ...
Read More