Limiting the use of state funding under the Hope Scholarship Program for out-of-state private schools and providers

HB 5249 Text

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5249
By Delegates Hornbuckle, Lewis, and Hansen
[Introduced February 05, 2026; referred to the Committee on Education then Finance]
A BILL to amend and reenact §18-31-2 of the Code of West Virginia, 1931, as amended, relating
to limiting the use of state funding under the Hope Scholarship Program
for out-of-state private schools and providers.
Be it enacted by the Legislature of West Virginia:

ARTICLE 31. HOPE SCHOLARSHIP PROGRAM.

§18-31-2. Definitions.

The following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(1) "Account" or "scholarship" means a Hope Scholarship account, awarded pursuant to this article, to which funds are allocated by the board to the parent or parents of an eligible Hope Scholarship student in order to pay qualifying elementary and secondary education expenses to educate the student pursuant to the requirements and conditions of this article;
(2) "Board" means the Hope Scholarship Board created pursuant to §18-31-3 of this code;
(3) "Curriculum" means a complete course of study for a particular elementary or secondary education content area or grade level including, but not limited to, textbooks; workbooks; student and teacher curriculum kits; activity, learning, or study guides; or any supplemental materials required by the curriculum;
(4) "Education service provider" means a person or organization
located in West Virginia
that receives payments from Hope Scholarship accounts to provide educational goods and services to Hope Scholarship students;
(5) "Eligible recipient" means a child who:
(A) Is a resident of this state; and
(B) Is enrolled full-time and attending a public elementary or secondary school program in this state for at least 45 calendar days during an instructional term at the time of application and until an award letter is issued by the board under §18-31-5(c) of this code, or enrolled full-time in a public elementary or secondary school program in this state for the entire instructional term the previous year, or is eligible at the time of application to enroll in a kindergarten program in this state pursuant to §18-8-1a of this code, except that if on July 1, 2024, the participation rate of the combined number of students in the Hope Scholarship Program and students eligible who have applied to participate in the Hope Scholarship program during the previous school year is less than five percent of net public school enrollment adjusted for state aid purposes for the previous school year, then, effective July 1, 2026, a child is considered to meet the requirements of this paragraph if he or she is enrolled, eligible to be enrolled, or required to be enrolled in a kindergarten program or public elementary or secondary school program in this state at the time of application;
(6) "Hope scholarship funds" means the moneys deposited in a Hope Scholarship student's account in accordance with the requirements of this article:
(7) "Hope scholarship student" means a student who receives a scholarship pursuant to this article;
(8) "Individualized Instructional Program (IIP)" means a customized educational experience that takes place either at home or another location. Hope Scholarship students participating in an IIP are not enrolled in a participating school and shall be governed by the requirements of this article, unless otherwise stated, and not any other compulsory school attendance exemption requirements;
(9) "Parent" means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible recipient or Hope Scholarship student;
(10) "Participating school" means any private school
located in West Virginia
that provides education to elementary and/or secondary students and has notified the board of its intention to participate in the program and comply with the program's requirements;
(11) "Resident school district" means the county school district in which the student resides; and
(12) "Treasurer" means the West Virginia State Treasurer.

NOTE: The purpose of this bill is to prevent the use of state funds to pay costs for attending out-of-state private schools or receiving other services from an out-of-state provider.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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