Chapter 18, Chapter 18

(a) The board shall administer the College Savings Program in accordance with this article and 26 U.S.C. § 529. (b) The board shall offer and issue interests in the Savings Plan Trust to eligible members of the public. (c) The board is authorized to take any lawful action necessa…

(a) The board may implement the program through use of financial organizations as account depositories and managers. The board may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations submitting proposals shall…

(a) The board shall implement and administer the Jumpstart Savings Program in accordance with this article and all applicable laws and regulations. (b) The board is authorized to take any lawful action necessary to effectuate the provisions of this article and successfully admini…

(a) The board may establish a Savings Plan Trust, and may establish a Savings Plan Trust Fund Account, titled the Savings Plan Trust Fund, within the accounts held by the Treasurer or with a financial institution, an investment manager, a fund manager, the West Virginia Investmen…

(a) In order to implement and administer the program, the Treasurer shall: (1) Provide support staff and office space for the board; (2) Establish and monitor, at the direction of the board, the methods and processes by which the funds held in accounts are deposited and distribut…

(a) There is hereby established the Jumpstart Savings Program Trust, a public instrumentality of the State of West Virginia. The Jumpstart Savings Program Trust shall offer and issue interests in the trust to eligible members of the public. (b) There is hereby also established a …

(a) There is hereby continued a separate special revenue account within the State Treasury titled the “college prepaid tuition and savings program administrating account”, which shall hereafter be known as the College and Jumpstart Savings Administrative Account. The board shall …

As provided in section twelve-a, article twenty-one, chapter eleven of this code, any payment made under a prepaid tuition contract or other college savings plan administered by the board, pursuant to the provisions of this article, is eligible for a tax deduction.

(a) The board may implement the program through use of financial organizations as account depositories and managers. The board may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations submitting proposals shall…

This article shall be known as the “Hope Scholarship Act.” The program created by this act shall be known as the “Hope Scholarship Program.”

(a) The board may propose legislative rules for approval pursuant to §29A-3-1 et seq. of this code for the auditing of individual Hope Scholarship accounts and shall conduct or contract for the random auditing of individual Hope Scholarship accounts as needed to ensure compliance…

(a) To be eligible to accept payments from a Hope Scholarship account, an education service provider shall: (1) Submit notice to the board that they wish to participate in the Hope Scholarship Program; (2) Provide participating parents with a receipt for all qualifying educationa…

The resident school district or school district in which a Hope Scholarship student was last enrolled, as applicable, shall provide an education service provider that has enrolled the student with a complete copy of the student’s school records, while complying with the Family Ed…

(a) No liability arises on the part of the board or the state or of any county school district based on the award or use of a Hope Scholarship awarded pursuant to this article. (b) It is the intention of the Legislature in the enactment of this article that if any part of this ar…

(a) The board shall provide a comprehensive report on the status of the Hope Scholarship Program to the Legislative Oversight Commission on Education Accountability on or before December 31, 2026, and annually on or before December 31 of each year thereafter, addressing the progr…

The following words have the meanings ascribed to them unless the context clearly indicates a different meaning: (1) "Account" or "scholarship" means a Hope Scholarship account, awarded pursuant to this article, to which funds are allocated by the board to the parent or parents o…

(a) Notwithstanding any provision of this code to the contrary, a Hope Scholarship student that pursues an individualized instructional program is exempt from the requirements of compulsory school attendance pursuant to §18-8-1(m) of this code and shall be subject to the requirem…

(a) The West Virginia Hope Scholarship Program shall be administered by the West Virginia Hope Scholarship Board. (b) The board shall consist of nine members and include the following: (1) The State Treasurer, or his or her designee; (2) The State Auditor, or his or her designee;…

The board is authorized to take any action necessary to effectuate the provisions of this article and to successfully administer the Hope Scholarship Program, subject to applicable state and federal law including, but not limited to, the following: (1) Adopt and amend bylaws; (2)…

(a) The Hope Scholarship Program is established to provide the option for a parent to better meet the individual elementary and secondary education needs of his or her eligible child. The program shall be operational no later than July 1, 2022. (b) The board shall create a standa…

(a) There is hereby created in the State Treasury a special revenue fund designated and known as the West Virginia Hope Scholarship Program Fund. The fund shall be administered by the Treasurer and shall consist of funds transferred by the Department of Education in accordance wi…

Nothwithstanding the provisions of §18-31-6(d) of this code to the contrary, beginning July 1, 2026, one quarter of the total annually required deposit into an eligible recipient’s Hope Scholarship account shall be made no later than August 15 of every year, one quarter of the to…

(a) Parents of a Hope Scholarship student shall agree to use the funds deposited in their student's Hope Scholarship account only for the following qualifying expenses to educate the student: (1) Ongoing services provided by a public school district pursuant to §18-31-8(f) of thi…

(a) Notwithstanding any changes in eligibility, effective January 1, 2025, a Hope Scholarship student may continue participation in the program from school year to school year without reapplying for the program until one of the conditions set forth in §18-31-6(f) occurs: Provided…

(a) In addition to the duties, obligations, and authority stated in this section and in other parts of this article, the board has the following duties, obligations, and authority with respect to the administration of Hope Scholarship accounts: (1) To maintain an updated list of …

Pursuant to section ten, article two, chapter two of this code, if any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications …

This article shall be known and may be cited as the “West Virginia Student Religious Liberties Act.”

A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. A school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the s…

As more fully set forth in §18-33-5(b) of this code, students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination and may not be penalized or rewarded on account of the religious content of their work: Pro…

As more fully set forth in §18-33-5(c) and §18-33-5(d) of this code, students in public schools may pray or engage in religious activities or religious expression before, during, and after the school day in the same manner and to the same extent that students may engage in nonrel…

(a) Student expression of religious viewpoints. — The school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other v…

This act may not be construed to authorize this state or any of its political subdivisions to do either of the following: (1) Require any person to participate in prayer or in any other religious activity; or (2) Violate the constitutional rights of any person.

This act shall not be construed to limit the authority of any public school to do any of the following: (1) Maintain order and discipline on the campus of the public school in a content- and viewpoint-neutral manner; (2) Protect the safety of students, employees, and visitors of …

This act shall be in force beginning with the 2020-2021 school year.

(a) The Fentanyl Prevention and Awareness Education Act or “Laken’s Law” would help prevent overdose deaths in teens and young adults due to fentanyl and fentanyl components. This shall be accomplished through education of students in grades 6-12 in all public schools and be mand…

(a) A student’s absence due to a student’s pregnancy or parenting needs is an excused absence as provided under this section and for purposed of §18-8-4(a)(1) of this code. (b) The State Board of Education shall develop a written attendance policy for pregnant and parenting stude…

This article shall become effective on July 1, 2024.

The West Virginia Legislature finds that parents of children throughout any age in middle or high school should be given the utmost support, because they face a unique set of challenges and circumstances on their road to graduation. School systems in West Virginia shall implement…

(a) A student’s absence due to a student’s pregnancy or parenting needs is an excused absence as provided under this section and for purposed of §18-8-4(a)(1) of this code. (b) The State Board of Education shall develop a written attendance policy for pregnant and parenting stude…

This article shall become effective on July 1, 2024.