Bill > HB5643

This bill allows local education agencies (LEAs), which are public school districts, and public charter schools in West Virginia to refuse to enroll students who are not legally present in the United States. The bill states that schools must enroll students who are U.S. citizens, in the process of becoming citizens, or who have legal immigration or visa status, and requires documentation to prove this status. If a student cannot provide such documentation and has exhausted all appeals, the school may choose not to enroll them without requiring tuition. However, if a school decides to enroll students who don't meet these criteria, they must establish a uniform tuition amount, which cannot be less than the base per-pupil funding amount and cannot exceed the average per-pupil funding. The bill also outlines an appeal process through the West Virginia Department of Education for students denied enrollment, during which they cannot be removed from school. All records related to a student's immigration status and communications with the Department of Education will be kept confidential. This law is set to take effect on July 1, 2026, and will apply to the 2026-2027 school year and beyond, with the Legislature finding that changes in immigration patterns and federal policy since a 1982 Supreme Court ruling (Plyler v. Doe, which guaranteed education for undocumented children) justify this change.

Education

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5643&year=2026&sessiontype=RS&btype=bill