WV HB5643

Public schools and charter schools in West Virginia may refuse to enroll students who cannot provide documentation proving U.S. citizenship, pending citizenship status, or legal immigration/visa status

Students who cannot prove legal presence may still enroll if they pay tuition, which must be at least the base funding amount but cannot exceed the total average per pupil funding for that school

Students denied enrollment have 21 days to appeal to the West Virginia Department of Education, and cannot be removed from school during the appeal window or proceedings

The bill cites the 1982 Plyler v. Doe Supreme Court case and argues that changed circumstances—including nearly quadrupled unauthorized immigrant population since then—justify this policy

All records related to students' immigration status are confidential, and the law takes effect July 1, 2026, for the 2026-2027 school year