House 4914

WEST virginia legislature

2026 regular session

Introduced

House Bill 4914

By Delegates Anders, White, Kimble, T. Howell, Mazzocchi, Kump, and Dillon

[Introduced; referred

to the Committee on]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §18-9K-1,  §18-9K-2, §18-9K-3, §18-9K-4, §18-9K-5, §18-9K-6, §18-9K-7, and §18-9K-8, relating to the creation of the West Virginia Education Freedom and Parental Empowerment Act; providing for a purpose; creating definitions; establishing the act and the use of ESAs; describing the role of the State Treasurer; providing for dissolution of the State Board of Education's powers; creating the Parental Bill of Rights in Education; providing for severability; and providing for an effective date.

Be it enacted by the Legislature of West Virginia:

Article 9K. West Virginia Education Freedom and Parental Empowerment Act.

§18-9K-1. Purpose.

The purpose of this article is to ensure that if the federal government, under the leadership of the President, returns education funding to the State of West Virginia in the form of block grants, those funds shall be deposited into education savings accounts (ESAs) that follow each child. These accounts shall empower parents with full and complete school choice, regardless of income, zip code, or educational background, and shall remove all central control over education from unaccountable bureaucracies.

§18-9K-2. Definitions.

As used in this article:

"Block grant" means any federal funds for education returned to the State of West Virginia without federal spending restrictions.

"Education savings account (ESA)" means a state-authorized account funded with public dollars, controlled by the parent or legal guardian of an eligible student, and used exclusively for qualified educational expenses.

"Qualified educational expenses" include:

Tuition and fees at private, parochial, home, or charter schools;

Online courses and curriculum;

Textbooks and learning materials;

Tutoring and testing services;

Special education services;

Transportation;

College savings contributions;

Other education-related expenses approved by the Treasurer.

"Eligible student" means any child who resides in West Virginia and is eligible to enroll in K-12 education.

§18-9K-3. Establishment and Use of ESAs.

(a) Upon receipt of federal education block grant funds, the State of West Virginia shall:

(1) Allocate such funds on an equal per-student basis into individual education savings accounts; and

(2) Ensure those funds are controlled directly by the parents or guardians of eligible students.

(b) All funds shall be used only for qualified education expenses as defined in this article.

§18-9K-4. Role of the State Treasurer.

(a) The State Treasurer shall administer the ESA program and oversee the secure distribution and tracking of all funds.

(b) The Treasurer shall:

(1) Establish a secure online portal for parents to access and manage ESA funds;

(2) Approve vendors and educational providers;

(3) Conduct random audits to prevent fraud and misuse;

(4) Report annually to the Legislature on program outcomes and spending.

§18-9K-5. Dissolution of the State Board of Education's Powers.

(a) Upon enactment of this bill and receipt of federal block grant education funding, the West Virginia State Board of Education shall be stripped of all regulatory, policymaking, oversight, or operational powers relating to K-12 education.

(b) The only function of the State Board of Education shall be:

(1) To act as a pass-through mechanism for the transfer of federal block grant education funds into the ESA program administered by the State Treasurer.

(c) All previous statutory authorities, rulemaking powers, or oversight functions of the State Board of Education shall be null and void.

(d) Any employees, contracts, or operations associated with regulatory functions under the State Board shall be dissolved, reassigned, or defunded by July 1 of the following fiscal year.

§18-9K-6. Parental Bill of Rights in Education.

(a) Parents and legal guardians shall retain full authority to direct their child's education without interference from the State Board of Education or any governmental agency.

(b) No government entity may discriminate against a student or parent based on their choice of educational provider.

§18-9K-7. Severability.

If any provision of this article is found invalid by a court of law, the remaining provisions shall remain in effect.

§18-9K-8. Effective Date.

This act shall take effect immediately upon passage and shall be implemented fully upon the State’s receipt of any federal education block grant.

NOTE: The purpose of this bill is to create the West Virginia Education Freedom and Parental Empowerment Act.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.