West Virginia 2026 Regular Session

West Virginia House Bill HB4855

Introduced
1/28/26  

Caption

To the elimination of the West Virginia Department of Education and providing direct funding for education

Summary

HB4855 would abolish the West Virginia Department of Education effective July 1 of the fiscal year after enactment and replace its current administrative structure with a more limited role for the State Superintendent of Schools. Under the bill, the superintendent would be reduced to a constitutional oversight and compliance function, with rulemaking, program administration, and grant management shifted away from the department to the State Treasurer, county boards of education, or other entities designated by law. The bill also creates a new School Fund in the State Treasury to hold state and federal education money, with the Treasurer serving as custodian and distributor of those funds. Rather than the current state-level administration, education funding would be sent annually to county boards using a formula based two-thirds on county population and one-third on inhabitable land mass. The bill further directs that these county funds be largely unrestricted unless state or federal law says otherwise, and it establishes annual per-teacher classroom expense accounts to be appropriated by the Legislature and distributed through county school accounts. It also requires purchase-card use for routine school spending and public posting of purchase-card transactions in searchable form.

Impact

If enacted, HB4855 would significantly restructure West Virginia education governance by eliminating the Department of Education and transferring many of its functions, records, assets, and liabilities to other entities. It would amend the state education code by creating a new article governing direct funding, changing the role of the State Superintendent, establishing a School Fund in the State Treasury, and altering how education dollars are apportioned to county boards. The bill would also impose new transparency requirements for school procurement and public reporting of purchase-card transactions, while potentially affecting how state and federal education funds are administered and tracked.

Sentiment

Based on the bill text alone, the measure appears to be framed as a reform effort aimed at streamlining administration, increasing transparency, and returning control to local entities. However, there is no committee transcript or recorded vote history provided, so there is no documented public debate in the supplied materials to indicate broader support or opposition. The available context therefore suggests a policy-driven proposal with significant structural change, but no measurable sentiment from hearings or floor action.

Contention

The most likely points of contention are the elimination of the Department of Education, the reduction of the State Superintendent’s authority, and the shift of funding and administrative control away from the state level. Critics could object to dismantling a central education agency, changing the distribution formula, or making county funds largely unrestricted, while supporters would likely emphasize local control, transparency, and reduced bureaucracy. The bill also raises practical and legal questions about how federal education funds, existing programs, and liabilities would be transferred and whether the proposed restructuring would comply with state and federal requirements.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2760

To allow for the implementation of Educational Software in West Virginia public schools

WV HJR1

To amend the West Virginia Constitution to create nine seperate districts for the members of the West Virginia Board of Education.

WV HJR5

To amend the West Virginia Constitution to change the term of office of the members of the West Virginia Board of Education from nine years to five years.

WV HB2755

To provide that the West Virginia Board of Education may promulgate rules or policies to be submitted to the Legislature for review

WV HB2897

Permitting the Legislative Auditor to conduct periodic performance and financial audits of the West Virginia Department of Education

WV HJR33

Relating to providing for free early childhood education for all West Virginia children

WV HB3220

Relating to creating a moratorium on school closures and consolidations pending a West Virginia Department of Education (“WVDE”) school aid formula proposal.

WV HB2904

To make it explicit that both the lottery fund and the excess lottery fund can be utilized for early childhood education throughout West Virginia

WV HB105

Supplementing and amending appropriations to the Department of Education, State Board of Education – State Department of Education

WV HB2059

To move childcare from the Department of Human Services to the State Board of Education and reclassify early childhood education

Similar Bills

No similar bills found.