ACLU-WV files lawsuit over underfunding education

October 19, 2026 - 04:51

The American Civil Liberties Union of West Virginia has filed a mandamus lawsuit on behalf of a student in Lincoln County, taking the case directly to the state's highest court. The petition was submitted to the West Virginia Supreme Court of Appeals on Sept. 25, bypassing the local circuit court entirely.

The legal action follows a notice of intent to sue that the organization sent to state officials on Aug. 17. By filing a mandamus petition, the ACLU-WV is asking the court to compel state officials to meet their constitutional obligations regarding public education funding.

The lawsuit centers on claims that the state has failed to adequately fund schools, leaving students in counties like Lincoln without the resources they are entitled to under the West Virginia Constitution. The decision to go straight to the Supreme Court reflects the organization's position that the issue is urgent and affects students across the state, not just in one district.

Mandamus actions are used when a party seeks to force a government official or body to perform a clear legal duty. In this case, the petitioners argue that the state has a duty to provide a thorough and efficient education, and that chronic underfunding has violated that duty.

The case now rests with the Supreme Court of Appeals, which will decide whether to hear the petition and what relief, if any, to grant.