This bill proposes the addition of a new section, 18-5-55, to the Code of West Virginia, allowing public schools and public charter schools to refuse enrollment to students who are unlawfully present in the United States. The legislation outlines specific criteria for enrollment, requiring students to provide documentation proving they are either U.S. citizens, in the process of obtaining citizenship, or hold legal immigration or visa status. If a student cannot provide such documentation and has exhausted all available appeals, the school may choose not to enroll the student without requiring tuition payment. However, schools are not mandated to charge tuition for students who do not meet the criteria.

The bill also establishes an appeal process for students denied enrollment, allowing them to contest the decision within 21 days. During this appeal period, students cannot be removed from school, and if the appeal is unsuccessful, the school may condition continued enrollment on tuition payment. Additionally, all records related to a student's immigration status will be kept confidential. The bill is set to take effect on July 1, 2026, and will apply to the 2026-2027 school year and beyond.

Statutes affected:
Introduced Version: 18-5-55