CHARLESTON, W.Va. — The American Civil Liberties Union of West Virginia says it intends to file a lawsuit against the state, alleging that persistent underfunding of public schools violates the West Virginia Constitution’s requirement to provide a “thorough and efficient” education.
In a notice sent to state officials Tuesday, the ACLU said it plans to sue on behalf of a class of Lincoln County students, citing what it describes as long‑standing disparities between wealthy and poor counties, shortages of certified teachers, underfunded special education programs and aging school facilities.
The organization pointed specifically to conditions at Duval PK‑8, where students in grades 2 through 8 have been taught in a former career center building since the original school was condemned in 2021. The ACLU argues the situation illustrates broader structural failures in the state’s funding system.
According to the notice, the lawsuit will ask a court to declare West Virginia’s school funding model unconstitutional and order the state to meet its constitutional obligations. The allegations have not been decided by a court, and state officials have not yet publicly responded to the filing.
The ACLU says it expects to move forward with the lawsuit in the coming weeks.
