HB 5643
Allowing an LEA or public charter school to enroll, or refuse to enroll, a student who is unlawfully present in the United States
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill allows West Virginia’s public schools and charter schools to either enroll or refuse to enroll students who are unlawfully present in the United States. It establishes criteria for enrollment, requiring documentation of citizenship, pending citizenship, or legal immigration status. If a student lacks such documentation and has exhausted all appeals, the school can charge tuition for enrollment. The bill is based on a finding that the state’s illegal immigration population has significantly increased since 1982 and that federal immigration policy has shifted, necessitating a state-level approach to educational funding.
Key provisions
- Public schools and charter schools can refuse to enroll students unlawfully present in the U.S.
- Enrollment is permitted for U.S. citizens, those seeking citizenship, or those with legal immigration status.
- Students lacking qualifying documentation must provide it prior to enrollment.
- If documentation is lacking and appeals are exhausted, schools can charge tuition for enrollment.
- Schools must establish a uniform tuition amount for students not meeting enrollment criteria.
- A student denied enrollment due to lack of documentation can appeal to the West Virginia Department of Education.
- Records related to student immigration status and communications between schools and the department are confidential.
- The state board of education must create rules to implement the bill.
Who is affected
- Public schools
- Public charter schools
- Students (particularly those unlawfully present in the U.S.)
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