West Virginia legislation · 2026 Regular Session
West Virginia HB5643: Allowing an LEA or public charter school to enroll, or refuse to enroll, a student who is unlawfully present in the United States
Status: Introduced, February 17, 2026
What the bill says
To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5-55, relating to permitting public schools and public charter schools to refuse to enroll a student who is unlawfully present in the United States. ARTICLE 5. county board of education. §18-5-55. Permitting public schools and public charter schools to refuse to enroll a student who is unlawfully present in the United States. (a) Legislative findings. - (1) In the case of Plyler v. Doe, 457 U.S. 202 (1982), the United States Supreme Court held that illegal alien children living in the United St.
From the introduced text, February 17, 2026:
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5-55, relating to permitting public schools and public charter schools to refuse to enroll a student who is unlawfully present in the United States. ARTICLE 5. county board of education. §18-5-55. Permitting public schools and public charter schools to refuse to enroll a student who is unlawfully present in the United States. (a) Legislative findings. - (1) In the case of Plyler v. Doe, 457 U.S. 202 (1982), the United States Supreme Court held that illegal alien children living in the United States could not be excluded from a free public education based upon their immigration status. (2) The Legislature finds that both the volume of illegal immigration, and its commensurate drain on State resources, as well as federal immigration policy have materially changed since 1982, when Plyler was decided. (3) The Legislature finds that data from the U.S. Immigration and Naturalization Service, Office of Policy and Planning, Estimates of the Unauthorized Immigrant Population Residing in the United States: 1990 to 2000, shows the "many States . . .had relatively few unauthorized residents" when Plyler was decided, but have subsequently "experienced rapid growth of the unauthorized population." (4) The Legislature finds that data from the U.S. Department of Homeland Security shows that …