HB 5643 West Virginia House of Delegates · 2026 Regular Session

Allowing an LEA or public charter school to enroll, or refuse to enroll, a student who is unlawfully present in the United States

This bill would allow public schools and charter schools in West Virginia to refuse enrollment to students who are unlawfully present in the United States, provided the student or their parent has exhausted all available legal appeals. The legislation requires schools to verify a student's immigration status through documentation before enrollment, accepting only U.S. citizenship, citizenship applications, or legal visa status as valid proof. By adding a new section to state law, the bill creates an eligibility standard for public school enrollment that differs from current federal precedent, permitting schools to deny access to students with final removal orders without charging tuition.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 17, 2026 Last action Feb 17, 2026
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Full legislative history

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Total actions
4
Key actions
0
Committee
2
Feb 17, 2026
Committee
To House Education
lower
Feb 17, 2026
Introduced
Introduced in House
lower
Feb 17, 2026
Committee
To Education then Judiciary
lower
1 primary · 7 co-sponsors

Sponsors