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HB5438 • 2026

To modify the foundation allowance to improve instructional programs.

To modify the foundation allowance to improve instructional programs.

Budget Education Technology
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Toney, Statler
Last action
2026-03-14
Official status
Effective July 1, 2026
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English:  HB5438 AM #1 3-14 White 3336 Delegate McGeehan moved to amend the bill, as amended by the Senate, by striking out §18A-9A-4 in its entirety; And On page 5, section 10, line 97, after the word “initiatives”, by inserting the following: “to provide and promote training in the science of reading as defined in 18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers,” And On page 5, section 10, line 101, after the word “initiatives”, by inserting the following: “including training in the science of reading as defined in §18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers.” Adopted Rejected

  •  HB5438 AM #1 3-14 White 3336 Delegate McGeehan moved to amend the bill, as amended by the Senate, by striking out §18A-9A-4 in its entirety; And On page 5, section 10, line 97, after the word “initiatives”, by inserting the following: “to provide and promote training in the science of reading as defined in 18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers,” And On page 5, section 10, line 101, after the word “initiatives”, by inserting the following: “including training in the science of reading as defined in §18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers.” Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 AM #1 3-14 White 3336 Delegate McGeehan moved to amend the bill, as amended by the Senate, by striking out §18A-9A-4 in its entirety; And On page 5, section 10, line 97, after the word “initiatives”, by inserting the following: “to provide and promote training in the science of reading as defined in 18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers,” And On page 5, section 10, line 101, after the word “initiatives”, by inserting the following: “including training in the science of reading as defined in §18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers.” Adopted Rejected

  •  HB5438 AM #1 3-14 White 3336 Delegate McGeehan moved to amend the bill, as amended by the Senate, by striking out §18A-9A-4 in its entirety; And On page 5, section 10, line 97, after the word “initiatives”, by inserting the following: “to provide and promote training in the science of reading as defined in 18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers,” And On page 5, section 10, line 101, after the word “initiatives”, by inserting the following: “including training in the science of reading as defined in §18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers.” Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 HFAT McGeehan 3-14 White 3336 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5438 HFAT McGeehan 3-14 White 3336 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5438 -- “A BILL to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to modifying the foundation allowance to improve instructional programs; relating to the implementation and funding of a replacement uniform budgeting and accounting system; providing for the Governor to include in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue initiatives; providing funding to support the full implementation of the Third Grade Success Act; providing for the Department of Education to reduce retained funding by the unused accumulated balance; and providing that county boards of education may utilize up to 50% of the allocation for teacher and leader induction in any school year for the purpose of funding projects identified in the Safe Schools Fund”; Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 HFAT McGeehan 3-14 White 3336 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.

  •  HB5438 HFAT McGeehan 3-14 White 3336 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
  • B.
  • 5438 -- “A BILL to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to modifying the foundation allowance to improve instructional programs; relating to the implementation and funding of a replacement uniform budgeting and accounting system; providing for the Governor to include in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue initiatives; providing funding to support the full implementation of the Third Grade Success Act; providing for the Department of Education to reduce retained funding by the unused accumulated balance.”; Adopted Rejected
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 SFA OLIVERIO #1 3-12 Hager 7871 Senators Oliverio, Tarr, and Bartlett moved to amend the bill on page 1, by inserting the following: §18-9A-4.

  •  HB5438 SFA OLIVERIO #1 3-12 Hager 7871 Senators Oliverio, Tarr, and Bartlett moved to amend the bill on page 1, by inserting the following: §18-9A-4.
  • Foundation allowance for professional educators.
  • (a) The basic foundation allowance to the county for professional educators is the amount of money required to pay the state minimum salaries, in accordance with §18A-4-1 et seq .
  • of this code, subject to the following: (1) In making this computation a county shall receive an allowance for state aid eligible professional educator positions to each one thousand students in net enrollment as follows: (A) For each high-density county, seventy-two and three tenths professional educators per each one thousand students in net enrollment; (B) For each medium-density county, seventy-two and forty-five one hundredths professional educators per each one thousand students in net enrollment; (C) For each low-density county, seventy-two and six tenths professional educators per each one thousand students in net enrollment; (D) For each sparse-density county, seventy-two and seventy-five one hundredths professional educators per each one thousand students in net enrollment; and (E) For any professional educator positions, or fraction thereof, determined for a county pursuant to paragraphs (A), (B), (C) and (D) of this subdivision that exceed the number employed, the county’s allowance for these positions shall be determined using the average state funded salary of professional educators for the county; (2) The number of and the allowance for personnel paid in part by state and county funds shall be prorated; and (3) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the professional educators for the school or program may be prorated among the participating counties on the basis of each one’s enrollment therein and the personnel shall be considered within the above-stated limit.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 SFA OLIVERIO #1 3-12 Hager 7871 Senators Oliverio, Tarr, and Bartlett moved to amend the bill on page 1, by inserting the following: §18-9A-4.

  •  HB5438 SFA OLIVERIO #1 3-12 Hager 7871 Senators Oliverio, Tarr, and Bartlett moved to amend the bill on page 1, by inserting the following: §18-9A-4.
  • Foundation allowance for professional educators.
  • (a) The basic foundation allowance to the county for professional educators is the amount of money required to pay the state minimum salaries, in accordance with §18A-4-1 et seq .
  • of this code, subject to the following: (1) In making this computation a county shall receive an allowance for state aid eligible professional educator positions to each one thousand students in net enrollment as follows: (A) For each high-density county, seventy-two and three tenths professional educators per each one thousand students in net enrollment; (B) For each medium-density county, seventy-two and forty-five one hundredths professional educators per each one thousand students in net enrollment; (C) For each low-density county, seventy-two and six tenths professional educators per each one thousand students in net enrollment; (D) For each sparse-density county, seventy-two and seventy-five one hundredths professional educators per each one thousand students in net enrollment; and (E) For any professional educator positions, or fraction thereof, determined for a county pursuant to paragraphs (A), (B), (C) and (D) of this subdivision that exceed the number employed, the county’s allowance for these positions shall be determined using the average state funded salary of professional educators for the county; (2) The number of and the allowance for personnel paid in part by state and county funds shall be prorated; and (3) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the professional educators for the school or program may be prorated among the participating counties on the basis of each one’s enrollment therein and the personnel shall be considered within the above-stated limit.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 SFAT GRADY #1 3-13 Hager 7871 Senator Grady moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

  •  HB5438 SFAT GRADY #1 3-13 Hager 7871 Senator Grady moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • for House Bill 5438 —A Bill to amend and reenact §18-9A-4 and §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to expiring the minimum ratio of professional instructional personnel per state aid funded professional educators and the penalty for failure to meet the applicable ratio; removing prohibition against increasing the number of certain administrative personnel above the number employed, or for which positions were posted on June 30, 1990; modifying the foundation allowance to improve instructional programs by removing authority to use up to half to employ professional educators and service personnel under certain conditions; modifying foundation allowance to improve instructional technology to allow for the implementation and funding of a replacement uniform budgeting and accounting system; modifying the allowance for teacher and leader induction and professional growth by requiring the Governor to include in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue certain initiatives; and removing authorization for the use of a portion of the allocation for the improvement of instructional programs and the allocation for improving instructional technology for certain specified purposes.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Plain English:  HB5438 SFAT GRADY #1 3-13 Hager 7871 Senator Grady moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

  •  HB5438 SFAT GRADY #1 3-13 Hager 7871 Senator Grady moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
  • Com.
  • Sub.
  • for House Bill 5438 —A Bill to amend and reenact §18-9A-4 and §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to expiring the minimum ratio of professional instructional personnel per state aid funded professional educators and the penalty for failure to meet the applicable ratio; removing prohibition against increasing the number of certain administrative personnel above the number employed, or for which positions were posted on June 30, 1990; modifying the foundation allowance to improve instructional programs by removing authority to use up to half to employ professional educators and service personnel under certain conditions; modifying foundation allowance to improve instructional technology to allow for the implementation and funding of a replacement uniform budgeting and accounting system; modifying the allowance for teacher and leader induction and professional growth by requiring the Governor to include in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue certain initiatives; and removing authorization for the use of a portion of the allocation for the improvement of instructional programs and the allocation for improving instructional technology for certain specified purposes.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-03-25 H

    To Governor 3/25/26

  2. 2026-03-14 S

    Approved by Governor 3/27/2026 - Senate Journal

  3. 2026-03-14 H

    Approved by Governor 3/27/2026 - House Journal

  4. 2026-03-14 H

    Approved by Governor 3/27/2026

  5. 2026-03-14 S

    To Governor 3/25/2026 - Senate Journal

  6. 2026-03-14 S

    Completed legislative action

  7. 2026-03-14 S

    Communicated to House

  8. 2026-03-14 S

    Effective July 1, 2026 (Roll No. 714)

  9. 2026-03-14 S

    Senate concurred in House amendments and passed bill (Roll No. 713)

  10. 2026-03-14 S

    House Message received

  11. 2026-03-14 H

    Communicated to Senate

  12. 2026-03-14 H

    Effective July 1, 2026 (Roll No. 686)

  13. 2026-03-14 H

    House concurred in Senate amendment with amendment (Roll No. 685)

  14. 2026-03-14 H

    House received Senate message

  15. 2026-03-13 S

    Senate requests House to concur

  16. 2026-03-13 S

    Effective July 1, 2026 (Roll No. 591)

  17. 2026-03-13 S

    Title amendment adopted

  18. 2026-03-13 S

    Passed Senate (Roll No. 590)

  19. 2026-03-13 S

    Read 3rd time

  20. 2026-03-13 S

    Deferred until foot of 3rd reading

  21. 2026-03-13 S

    On 3rd reading

  22. 2026-03-12 S

    Floor amendment adopted (Voice vote)

  23. 2026-03-12 S

    Committee amendments adopted (Voice vote)

  24. 2026-03-12 S

    Read 2nd time

  25. 2026-03-12 S

    On 2nd reading

  26. 2026-03-11 S

    Read 1st time

  27. 2026-03-11 S

    Immediate consideration

  28. 2026-03-11 S

    Reported do pass, as amended by Education

  29. 2026-03-09 S

    To Finance

  30. 2026-03-09 S

    Reported do pass, with amendments, but first to Finance

  31. 2026-03-05 S

    To Education

  32. 2026-03-05 S

    To Education then Finance

  33. 2026-03-05 S

    Introduced in Senate

  34. 2026-03-04 H

    Communicated to Senate

  35. 2026-03-04 H

    Passed House (Roll No. 312)

  36. 2026-03-04 H

    Read 3rd time

  37. 2026-03-04 H

    On 3rd reading, Special Calendar

  38. 2026-03-03 H

    Read 2nd time

  39. 2026-03-03 H

    On 2nd reading, Special Calendar

  40. 2026-03-02 H

    Read 1st time

  41. 2026-03-02 H

    On 1st reading, Special Calendar

  42. 2026-02-27 H

    Do pass

  43. 2026-02-20 H

    To House Finance

  44. 2026-02-20 H

    By substitute, do pass, but first to Finance

  45. 2026-02-18 H

    Markup Discussion

  46. 2026-02-11 H

    To House Education

  47. 2026-02-11 H

    Introduced in House

  48. 2026-02-11 H

    To Education then Finance

  49. 2026-02-11 H

    Filed for introduction

Official Summary Text

To modify the foundation allowance to improve instructional programs.

Current Bill Text

Read the full stored bill text
HB 5438 Text

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WEST virginia legislature
2026 regular session
ENROLLED
Committee Substitute
for
House Bill 5438
By Delegates Toney and Statler
[Introduced in the Committee on Education;
Passed March 14, 2026; in effect July 1, 2026]

AN ACT to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to modifying the foundation allowance to improve instructional programs; relating to the implementation and funding of a replacement uniform budgeting and accounting system; providing for the Governor to include in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue initiatives; providing funding to support the full implementation of the Third Grade Success Act; providing for the Department of Education to reduce retained funding by the unused accumulated balance; and providing that county boards of education may utilize up to 50% of the allocation for teacher and leader induction in any school year for the purpose of funding projects identified in the “Safe Schools Fund”
Be it enacted by the Legislature of West Virginia:

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-10. Foundation allowance to improve instructional programs, instructional technology, and teacher and leader induction and professional growth.

(a) The total allowance to improve instructional programs and instructional technology is the sum of the following:
(1) For instructional improvement, in accordance with county and school electronic strategic improvement plans required by §18-2E-5 of this code, an amount equal to 10 percent of the increase in the local share amount for the next school year shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be allocated to the counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to each county; and
(B) Allocation to the counties of the remainder of these funds shall be made proportional to the average of each county's average daily attendance for the preceding year and the county's second month net enrollment;
(C) Moneys allocated by this subdivision shall be used to improve instructional programs according to the county and school strategic improvement plans required by §18-2E-5 of this code and approved by the state board;
(D) The funds available for personnel under this subdivision may not be used to increase the total number of professional noninstructional personnel in the central office beyond four;
(E) The plan shall be made available for distribution to the public at the office of each affected county board; plus
(2) For the purposes of improving instructional technology, an amount equal to 20 percent of the increase in the local share amount for the next school year shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be allocated to the counties as follows:
(A) Thirty thousand dollars shall be allocated to each county; and
(B) Allocation to the counties of the remainder of these funds shall be made proportional to the average of each county's average daily attendance for the preceding year and the county's second month net enrollment;
(C) Moneys allocated by this subdivision shall be used to improve instructional technology programs according to the county board's strategic technology learning plan;
(D) This allocation for the improvement of instructional technology programs may also be used for the employment of technology system specialists essential for the technology systems of the schools of the county to be fully functional and readily available when needed by classroom teachers. The amount of this allocation used for the employment of technology system specialists shall be included and justified in the county board’s strategic technology learning plan;
(E) The total appropriation computed under the preceding allocation structure shall be reduced annually by an amount not to exceed $15 million to be retained by the Department of Education to implement and fund annually a replacement uniform budgeting and accounting system pursuant to Department requirements outlined in §18-9B-5 and §18-9B-9 of this code, respectively; plus
(3) One percent of the state average per pupil state aid multiplied by the number of students enrolled in dual credit, advanced placement, and international baccalaureate courses, as defined by the state board, distributed to the counties proportionate to enrollment in these courses in each county; plus
(4) For the purpose of supporting county-level implementation of the comprehensive systems for teacher and leader induction and professional growth pursuant to §18A-3C-3 of this code, an amount equal to 20 percent of the increase in the local share amount for the next school year shall be added to the amount of the appropriation for this purpose for the immediately preceding school year. The sum of these amounts shall be allocated to the counties in a manner established by the state board which considers the following factors:
(A) The number of full-time-equivalent teachers employed by the county with zero years of experience;
(B) The number of full-time-equivalent teachers employed by the county who are less than fully certified for the teaching position in which they are employed;
(C) The total number of full-time-equivalent teachers employed by the county with one year of experience, with two years of experience, and with three years of experience;
(D) The number of full-time-equivalent principals, assistant principals, and vocational administrators employed by the county who are in their first or second year of employment as a principal, assistant principal, or vocational administrator;
(E) The number of full-time-equivalent principals, assistant principals, and vocational administrators employed by the county who are in their first year in an assignment at a school with a programmatic level in which they have not previously served as a principal, assistant principal, or vocational administrator;
(F) Needs identified in the strategic plans for continuous improvement of schools and school systems including those identified through the performance evaluations of professional personnel;
(G) Notwithstanding any provision of this subsection to the contrary, no county may receive an allocation for the purposes of this subdivision which is less than the county’s total 2016-2017 allocation from the Teacher Mentor and Principals Mentorship appropriations to the Department of Education. Moneys allocated by this subdivision shall be used for implementation of the comprehensive systems for teacher and leader induction and professional growth pursuant to §18A-3C-3 of this code.
(H) The Department of Education may retain an amount of funds to be allocated under this subdivision beginning with the school year 2024 – 2025, not exceeding $15,000,000, to accommodate the participation by county school systems in regional professional learning cadres or teacher leadership networks established or supported by the Department of Education, to expand regional professional learning cadres or teacher leadership networks designed to support the full implementation of the Third Grade Success Act provided in §18-2E-10 of this code, to implement the Department of Education's academic initiatives to provide and promote training in the science of reading as defined in 18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers, and to assist teachers who are less than fully certified for the teaching position in which they are employed as further provided in §18A-3C-3 of this code. The Governor shall also provide in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue these initiatives including training in the science of reading as defined in §18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers. Up to $1,000,000 of the $15,000,000 shall be distributed to county boards for the purpose of expanding the school districts’ ability to contract with organizations that facilitate the school districts’ participation in regional professional learning cadres or teacher leadership networks designed to support math and science improvement or to support teachers who are less than fully certified for the teaching position in which they are employed as further provided in §18A-3C-3 of this code. The $1,000,000 shall be distributed to the county boards under a grant program to be established by the state board by rule pursuant to §29A-3B-1
et seq.
of this code. The rule shall include at least the following:
(A) A requirement and procedures for county boards to submit applications for a grant;
(B) Criteria on which awards of the grants will be based on; and
(C) A requirement for an external evaluation for any program funded by a grant.

The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the House of Delegates

...............................................................

Clerk of the Senate

Originated in the House of Delegates.

In effect July 1, 2026.

...............................................................

Speaker of the House of Delegates

...............................................................

President of the Senate

__________

The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

.............................................................
Governor

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