West Virginia
$465 million problem is whether West Virginia made spending on education enough of a priority – WV MetroNews
West Virginia has a $465 million question with the federal government based not on any allegations of misspending — but instead over whether school systems fell short on an obligation to maintain financial support for education at levels in line with overall spending.
A revelation of the hundreds of millions of dollars at issue has introduced uncertainty into the legislative budgeting process, with a special session already being planned for May when the situation could be more clear.
Meanwhile, officials are working to resolve concerns of federal authorities, potentially by demonstrating an emphasis on better pay for educators and greater investment in school facilities.
“The issue is, did the state of West Virginia raise its educational spending in proportion to its overall spending,” said Brian Abraham, chief of staff for the Justice administration, on MetroNews’ “Talkline.”
West Virginia may be able to work out the matter, again, with the federal government. But what’s on the line is significant.
Guidance released in April, 2021, specifies that if a state fails to meet requirements, then federal officials could seek recovery of funds, commonly described as a “clawback.”
Citing ongoing negotiations with the U.S. Department of Administration, Gov. Jim Justice in a Saturday afternoon statement said “Let me be very clear on this issue: there is no $465 million ‘clawback’ on the table.”
‘Maintenance of effort’
West Virginia, like other states, drew down millions of dollars in covid relief from the federal government. One of those sources was the Elementary and Secondary School Emergency Relief fund.
That fund has a requirement known as maintenance of effort, a standard introduced on April 21, 2021 requiring the state to keep the same proportional level of funding for schools as it had before the pandemic. That was measured in comparison to the state’s spending in other areas.
Abraham said that standard was a challenge for West Virginia because of its formulas in state law for education funding. For example, under West Virginia’s school funding system, the state funds a certain number of teachers and other educational positions for each school district based on the district’s student enrollment.
“So there’s not really ways you can direct money into educational spending except for things like pay raises, school building authority, et cetera,” Abraham said.
The governor’s Saturday press release put it differently:
“They penalize West Virginia for its economic success and investing in roads, infrastructure, and bringing good-paying jobs to West Virginians, despite our increased investment in our schools,” Governor Justice stated.
Waivers
West Virginia’s submissions to the U.S. Department of Education show pre-pandemic spending on K-12 education of $2.007 billion in 2017, $2.023 billion in 2018 and $2.095 billion in 2019.
The post-pandemic spending dipped to $2.009 billion in 2022 before going up to $2.062 billion in 2023.
That occurred as West Virginia’s state budgets, more generally, were growing — from $4.82 billion overall spending in 2017 to $5.3 billion in 2022 before dropping back to $5.07 billion in 2023.
The Saturday statement from the Justice administration contended, “This issue started several years ago, under a prior State Superintendent who failed to adequately address the issue and failed to tell the State Board of Education.”
The statement describes broader efforts to get a handle on the matter, starting with Michele Blatt being named state superintendent of schools on July 1, 2023. Prior to that, Blatt had been deputy superintendent.
“When Superintendent Blatt was appointed, she brought the issue to my attention, and my Chief of Staff and others have been working directly with the federal DOE to negotiate a solution,” Justice stated.
But West Virginia officials had been working on the situation well before that, according to documents bearing the governor’s signature.
On June 21, 2022, West Virginia recognized its jam and asked for a federal waiver. That request contended “West Virginia has continued to make consistent investments in K-12 and higher education based on the state’s codified school funding laws, which are incompatible with the parameters” of the maintenance of effort standard.
An attachment with more detail about the state’s reasons, signed by Governor Justice, described declining enrollment in the school system. But the document made a case that West Virginia had increased its per-pupil spending.
West Virginia’s submission calculated that K-12 per pupil spending was $8,010 in 2022 and $8,219 in 2023. That compared to an average of $7,570 spending per pupil in the three years prior to the pandemic.
And the document maintained that comparisons of education spending to overall spending got out of whack because of new, increased spending in the state healthcare system, prompted by the covid-19 pandemic.
On June 12, 2023 — about a year after West Virginia made its waiver request — the federal Office of Elementary and Secondary Education approved it. The federal authorities noted that West Virginia had underperformed the maintenance of effort standards for fiscal 2022 by $23.7 million.
The federal authorities observed that “West Virginia demonstrated a commitment to State support for elementary and secondary education in future fiscal years by increasing State aid for elementary and secondary education in the State FY 2024 budget.” That included pay raises for educators and increased funding for school construction and maintenance.
So the federal authorities gave West Virginia a pass for its fiscal 2022 spending — but that correspondence included a note that it was premature at the time to make a determination on West Virginia’s request for a waiver on 2023 maintenance of effort requirements.
That 2023 spending is the issue that broke into the wild this week.
Documents on file with the federal Office of Elementary and Secondary Education and signed by Governor Justice this past Feb. 21 show West Virginia making its case to receive a waiver for that fiscal 2023 spending requirement.
The request made a case that “when looking at total education spending, the state continues to increase its total spending on education despite the declining enrollment trends.
“So not only did the state maintain it’s funding formula on a per-pupil-basis, it continued to increase funding to education over and above the state required formula as can be seen with the increasing education funding trend compared to the decreasing enrollment trend.”
The waiver requests were publicly available on the federal education website, but flew under the radar until last week when lawmakers started discussing specific allocations in the state budget. Some allocations that would have been routine were being held in abeyance until the multi-million dollar federal problem could become clearer.
“We’ve been told by the federal Department of Education that we are $465 million in a clawback situation,” House Finance Chairman Vernon Criss told delegates and the other onlookers in the House Finance room.
He continued, “I’m calling this act one. We hope to be back in May with a special session, with the governor’s permission, to know first of all that we’ll have that taken care of” before moving toward a lot of spending decisions that would normally be routine.
‘Spend money on education’
Internally, the Department of Revenue had been collecting information “for months,” Abraham said, gathering financial information from various state agencies to submit to the federal education authorities. Abraham expressed confidence the matter can be resolved.
“We were kind of taken aback when it came out in the Finance hearing as if we’re in some kind of crisis mode,” he said. “There’s not a likelihood the department would ask us to pay back the money to Washington. Rather, what they’re asking us to do is spend money on education in West Virginia to match our overall spending.”
That could be accomplished, Abraham said, by increased spending on educator salaries and improvements to school maintenance and construction.
The governor proposed and the House of Delegates has passed a bill representing average 5 percent pay raises for educators. A fiscal note estimates that’s a $77.5 million outlay. The House Finance Committee last week advanced a $150 million supplemental appropriation for School Building Authority projects all around the state.
Senate Finance Chairman Eric Tarr, R-Putnam, has expressed skepticism about whether the state can afford the ongoing cost of the pay raises. The Senate’s budget, passed last week, does not include the raises. “It gives me heartburn to go into a perpetual spend in that base, not knowing exactly where we stand with fiscal impact,” Tarr said last week on “Talkline.”
Governor Justice, in the Saturday statement, said it’s important to move ahead with the pay raises and increased support for school construction and maintenance.
““Again, I’m confident that we will reach a positive resolution quickly, and I call on the Legislature to act swiftly on my proposed budget, including the historic pay raise for educators and the unprecedented funding for our School Building Authority,” Justice stated.
“This isn’t just about meeting federal expectations; it’s about our ongoing commitment to improving education for all West Virginians.”
Impact on students
The U.S. Department of Education guidelines say decisions on waivers “will be rooted in the consideration of the impact on students.” The purpose of the federal funds, the guidelines indicate, “is to expand resources for K-12 and postsecondary schools and students, not to replace existing state commitments.”
Among the questions the Department of Education asks are: Has total state funding for education increased from the prior fiscal year? Has per pupil funding increased from the prior year?
The progressive-leaning West Virginia Center on Budget & Policy had this advice: “To Comply with the Feds, West Virginia Must Pass a Strong Budget.”
“Rather than facing clawbacks to federal money, the legislature should pass a budget that increases funding for and adequately supports our public education and health care systems—not only to be in compliance with federal requirements but also because it’s the right thing to do for our people and our economy,” wrote Kelly Allen, executive director of the center.
Joshua Weishart, a West Virginia lawyer with expertise in education rights, said the real misstep by the state has been to not maintain appropriate investment in the education system overall.
“The story here is that the state flagrantly and unconstitutionally disinvested in public education even when it had an excess in federal funding to make those investments,’ Weishart said.
“The state chose instead to be excused from federal law because of declining enrollment, deliberately oblivious to the reality that, though perhaps fewer in number, our students have greater, unprecedented educational needs, which the unprecedented cash from the feds was supposed to meet.”
Governor Justice, in his statement issued Saturday, agreed that it would be better for West Virginia to spend more on education than to suffer the consequences of a clawback.
“It’s my strong belief that we should spend this money on investments in education at home,” Justice said, “rather than letting the federal government take money from our county schools and colleges and universities.”
During the Gold-Blue spring game on Saturday, the West Virginia coaching staff named wide receiver Cyrus Traught the recipient of the 2026 Tommy Nikolich Award.
The award, which is always given out at the end of spring ball, recognizes a walk-on team member who has distinguished himself through his attitude and work ethic. The award is presented in memory of Tommy Nickolich, a former WVU player (1980-82) who passed away from cancer in 1983.
Traugh is a Parkersburg native and graduate of Parkersburg South High School. He began his career at Youngstown State before transferring back home to play for the Mountaineers last season. In his final year with the Penguins, he logged 36 receptions, 409 yards, and a team-leading five touchdowns, two of which came against Pitt.
During the 2025 campaign with the Mountaineers, he saw action against Robert Morris and Kansas, playing 10 snaps against the Jayhawks, but did not record any stats.
Head coach Rich Rodriguez has mentioned him twice this spring as someone who has been doing some good things and making progress. Wide receivers coach Ryan Garrett also showed him some love during his press conference last week.
The Mountaineers completely revamped the wide receiver room this offseason, upping the level of talent at both inside and outside receiver spots, but perhaps Traugh can work his way into the mix if he puts together a strong summer and fall camp. If he’s not a regular in the rotation, he’ll serve as a quality depth piece who can play special teams.
Past Nickolich Award winners:
2025: Clay Ash, RB
2024: Avery Wilcox, S
2023: C.J. Cole, WR
2022: Nick Malone, OL
2021: Graeson Malashevich, WR/H
2020: Osman Kamara, S
2019: Jake Abbott, LB
2018: Evan Staley, K
2017: Nick Meadows, LS
2016: Jon Lewis, DL
2015: Justin Arndt, LB
2014: Michael Calicchio, OL
2013: Connor Arlia, WR
2012: Tyler Anderson, DE
2011: Ryan Nehlen, WR
2010: Matt Lindamood, FB
2009: Josh Taylor, DL
2008: Adam Hughes, LS
2007: Andy Emery, LB
2006: Tim Lindsey, LS
2005: George Shehl, H/DB
2004: Jeff Noechel, LB
2003: John Pennington, WR
2002: Moe Fofana, RB
2001: Jeremy Knapp, TE
2000: Ben Collins, LB
1999: Bryan Lorenz, LB
1998: Mark Corman, TE
1997: David Lightcap, DB
1996: Matt Ceresa, OL
1995: Rob Keys, DB
1994: Randy Fulmore, DB
1993: Matt McCulty, WR
1992: Brett Parise, WR, Ray Wilcox, LB
1991: Keith Taparausky, RB
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West Virginia offers deep river gorges, Appalachian mountain trails, and museums covering several layers of regional history. Day trips can lead to quirky stops like the legends at the Mothman Museum or haunting tours through a historic asylum. Other stops highlight art and science, with hands-on exhibits at the Clay Center for the Arts & Sciences and wide-ranging collections at the West Virginia State Museum. Places like Beech Fork State Park and Babcock State Park show off the landscapes that make West Virginia a rewarding place to drive through. Below are 12 day trips worth the drive, starting from Charleston and Huntington.
Starting City: Charleston
Clay Center for the Arts & Sciences (Within the City)
This 240,000-square-foot facility opened in 2003 and combines art exhibits with STEM experiences across multiple museums and theaters. The Avampato Discovery Museum is the child-facing centerpiece, with climbing sculptures, a music studio, a Space Lab for designing rockets, and a Wild Kratts Ocean Adventure covering various ocean ecosystems. The Caperton Planetarium & Theater handles night-sky programming. The other two anchors are the Juliet Art Museum with its Interactive Art Space and the Maier Performance Hall, which hosts performances from the West Virginia Symphony Orchestra and visiting jazz ensembles.
West Virginia State Museum (Within the City)
The state museum dates to 1890 and was previously known as the West Virginia Science and Culture Center. It covers history, art, culture, paleontology, and archaeology across its galleries. The Discovery Rooms walk visitors through the prehistory of West Virginia, life on the Appalachian frontier, and John Brown’s 1859 raid on Harpers Ferry, which helped ignite the American Civil War. Additional rooms cover West Virginia’s 1863 statehood (the state was carved from Virginia during the war) and its long heritage as a coal-mining state. Interpretive reconstructions throughout the museum recreate West Virginia landmarks including a classic soda shop, Harpers Ferry, and a coal mine.
Capitol Market (Within the City)
The Capitol Market in the heart of Charleston has been widely recognized as one of the best local shopping centers in the state. Set in a historic train depot, it houses produce merchants both indoors and outdoors. Inside, Johnnie’s Fresh Meat Market handles meat, Mea Cuppa Coffeebar pours coffee, and Bogey’s serves BBQ, fire-roasted corn, and homemade coleslaw. The outdoor section is where shoppers find flowers and greens from greenhouses like Bostic and Evans, along with fresh fruit and vegetables from Robbie’s Produce out of Sissonville, West Virginia.
Kanawha State Forest (15 Minutes)
West Virginia is one of the most heavily forested states in the country, with forest covering roughly 79% of its total land area. That reality is easy to experience 15 minutes south of Charleston at Kanawha State Forest. At 9,300 acres, the forest was once a logging and mining site before the West Virginia Conservation Commission purchased it and converted it to public land. There are more than 60 miles of hiking and biking trails, with strong wildflower viewing in spring and reliable bird sightings, including 19 species of wood warblers during migration. Davis Creek offers fishing opportunities with wheelchair-accessible piers.
Mothman Museum (1 Hour)
West Virginia has its share of cryptid legends, and the state’s most famous is Mothman, first sighted around Point Pleasant in November 1966 and described as a winged figure with glowing red eyes. The Mothman Museum in Point Pleasant calls itself the world’s only museum dedicated to Mothman, with collected newspaper clippings, eyewitness accounts, and props from the 2002 film The Mothman Prophecies. Visitors can take pictures next to the nearby Mothman Statue or pick up Mothman-inspired shirts and souvenirs. The museum also runs the Mothman ’66 Escape Room and a Mothman Blacklight Mini-Golf course, both fit for families willing to lean into the spookier side of the legend.
Hawks Nest State Park (1 Hour)
Hawks Nest State Park covers 270 acres along the cliffs above the New River. The water below produces fast rapids popular with experienced whitewater rafters. Away from the rapids, the park offers a scenic overlook down to the New River Gorge Bridge and 8 miles of hiking trails climbing up into the mountains. Hawks Nest Lake holds bass for anglers, though swimming is not allowed in the lake (the park has a separate pool and splash pad). Like many West Virginia parks, it was initially developed by the Civilian Conservation Corps in the 1930s, and the Hawks Nest Park Museum covers that history.
New River Gorge National Park and Preserve (1 Hour, 15 Minutes)
A few more minutes’ drive from Charleston takes you down into the New River Gorge National Park and Preserve. The gorge was carved by the New River, which, despite its name, is actually one of the oldest rivers in North America at roughly 260 million years old. The gorge is the deepest in the Appalachian Mountains, with 1,000 feet of exposed sandstone and shale cliffs. Those cliffs support more than 1,600 established climbing routes, drawing climbers year-round. Hikers have nearly 100 miles of trails to choose from, along with scenic drives, whitewater rafting, and fishing access.
Babcock State Park (1 Hour, 30 Minutes)
Babcock State Park’s signature landmark is the Glade Creek Grist Mill, a working mill built in 1976 from parts of three historic West Virginia mills, most notably Cooper’s Mill, which had been destroyed by fire decades earlier. The mill is one of the most-photographed spots in the state. Beyond the mill, the park has more than 20 miles of hiking trails winding up into the Appalachian hills, and Boley Lake offers paddle boat, rowboat, and canoe rentals at the marina. Geocachers have left trinkets throughout the park, especially near Glade Creek Waterfall.
Trans-Allegheny Lunatic Asylum (1 Hour, 45 Minutes)
Construction on the Trans-Allegheny Lunatic Asylum began in 1858, and it opened in 1864 during the Civil War to house psychiatric patients. At 1,300 feet long, it remains one of the largest hand-cut stone masonry buildings in the United States. Originally designed to hold up to 250 patients under the 19th-century Kirkbride Plan, which emphasized natural light, air, and space, the asylum eventually housed as many as 2,400 patients at a time, with the crowding leading to documented abuses. It also housed Union and Confederate troops during various Civil War raids. The asylum closed in 1994 and now offers historical tours Tuesday through Sunday, with separate ghost tours available in the evening.
Starting City: Huntington
Huntington Museum of Art (Within the City)
At nearly 60,000 square feet, the Huntington Museum of Art is the largest art museum in West Virginia. The collection is eclectic, spanning fine paintings alongside decorative crafts. The Touma Gallery displays Middle Eastern pottery, metalwork, and woodwork including pieces from Damascus, Syria. The Herman P. Deans Firearms Collection covers early firearms and crossbows as examples of historic craftsmanship. On the grounds, West Virginia’s only plant conservatory showcases tropical and subtropical species, and 6 miles of hiking trails run through forested hills.
Heritage Farm Museum & Village (Within the City)
The Heritage Farm Museum & Village was the first Smithsonian Affiliate in West Virginia, recognized for its hands-on approach to Appalachian pioneer history. A former farmhouse converted into a multi-museum pioneer village, it covers specific aspects of Appalachian life across several buildings. The Progress Museum focuses on 1850s Appalachian settler life, while the Transportation Museum covers the railroad and frontier wagons. The Country Store Museum recreates a 19th-century general store, and the Children’s Hands-On Activity Center lets kids try 19th-century chores. A Treehouse Trek trail on canopy bridges rises 60 feet above the forest and ends at a large treehouse.
Beech Fork State Park (30 Minutes)
Less than half an hour from Huntington, the 3,000-acre Beech Fork State Park sits on Beech Fork Lake, a reservoir built by the U.S. Army Corps of Engineers for flood control on Twelvepole Creek. The park’s 31 miles of shoreline support canoes, kayaks, johnboats, and paddle boards, rentable at the dock. Fishing includes largemouth bass, hybrid striped bass, catfish, and bluegill, with a valid West Virginia fishing license required. Hiking trails wind around the lake and up to overlooks.
There’s A Lot To See On These Country Roads
John Denver’s “Take Me Home, Country Roads” is still the most familiar song about West Virginia’s winding mountain roads, and along those roads are picturesque stops ranging from the Clay Center in Charleston to the Heritage Farm Village near Huntington. For travelers drawn to darker history, the Mothman Museum and the Trans-Allegheny Lunatic Asylum preserve the stranger and more haunting side of the state. All of these sites sit within an easy day-trip radius of Charleston or Huntington, so the drive itself becomes part of the experience.
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