Add weighted funding back into the school aid funding formula for students with unique learning needs

HB 5637 Text

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Red
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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION

FISCAL NOTE

Introduced
House Bill 5637
By Delegate Toney
[Introduced February 17, 2026; referred to the Committee on Education then Finance]
A BILL to amend and reenact §18-9A-22 of the Code of West Virginia, 1931, as amended, relating to adding weighed funding for students with unique learning needs.
Be it enacted by the Legislature of West Virginia:

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-22. Supplemental funding for the provision of programs required for
Limited English Proficient (LEP)
students
with unique learning needs
.

Any funds appropriated by the Legislature to the Department of Education for distribution to the county boards of education to supplement programs required for Limited English Proficient students as defined by state board policy in accordance with federal law shall be used to supplement a program when the cost of the program exceeds the capacity of a county board to provide the program with funds available. Any appropriation made pursuant to this section shall be distributed to the county boards in a manner that takes into account the varying proficiency levels of the students and the capacity of the county board to deliver the needed programs. In order to receive the funding, a county board must apply to the state superintendent. The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that sets forth the manner in which county boards apply for the funding and to implement the other provisions of this section.

Students with unique learning needs which encompass students with disabilities and students learning English as a second language will be counted as an additional 50% in determining student enrollment.

NOTE: The purpose of this bill is to add weighted funding back into the formula for students with unique learning needs.
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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