Berkeley County Schools to sue state over pay and special education costs

Berkeley County Schools will sue the state of West Virginia after the board of education approved litigation over the district's school funding. The 30-day notice required for a lawsuit against the state was sent last week. The board voted unanimously to proceed in June.

The district argues that West Virginia’s current funding model does not provide enough resources to meet its constitutional duties. Article XII, Section 1 of the state constitution requires the Legislature to provide for a thorough and efficient system of free schools. Superintendent Ryan Saxe said the lawsuit asks whether the current system supports that responsibility.

“And so, at the heart of this issue is that fundamental question: Does West Virginia school funding system adequately support the school district’s responsibility to provide a thorough and efficient system for their students?” Saxe said in an interview with MetroNews Talkline. “I think that’s what we’re asking. We’re asking that question to be examined.”

Saxe said the board did not make the decision lightly. He noted that Berkeley County has faced persistent challenges with state funding adequacy, specifically regarding special education needs and teacher retention in the Eastern Panhandle.

The district’s special education costs exceeded state funding by $38 million last year. Saxe stated that individual placements can cost between $100,000 and $600,000 annually. Specialized transportation for some students costs up to $100,000 a year. He emphasized that these services are required by educational programs, not optional expenses.

“It’s when an student’s educational program requires those specialized services, we have a responsibility to provide them. So, not every student requires the same level of support, and our funding system, we believe, needs to recognize that reality,” Saxe said.

The district also competes with school systems in Virginia and Maryland for certified teachers. Neighboring states can offer substantially higher salaries. Berkeley County reported 200 permanent substitute teachers in classrooms and struggled to staff autism classrooms with certified teachers. Saxe said local certified teachers often move across state lines to earn more. The next step is for the district to file the lawsuit with the state.