West Virginia 2026 Regular Session

West Virginia House Bill HB5126

Introduced
2/3/26  

Caption

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

Summary

House Bill 5126 amends West Virginia’s early childhood education statute to make explicit that Lottery Education Fund, State Lottery Fund, and Excess Lottery Fund revenues may be used for early childhood education statewide. The bill retains and restates the existing framework for county-run prekindergarten programs for four-year-old children, including the requirement that programs be voluntary, full-day, and provide at least 48,000 instructional minutes annually and 1,500 minutes per week. It also preserves the current age eligibility structure, including the July 1 cutoff for the 2018-2019 school year and later, and continues to allow Head Start and other approved programs to count toward county implementation goals.

Impact

The bill’s primary legal effect is to clarify and reinforce the permissible use of specific state lottery revenues for early childhood education, rather than creating a new program structure. It leaves in place the county board duties to plan, seek approval, report progress, and comply with state board rules, while continuing the existing waiver and approval process involving the Department of Human Services and the State Board of Education. Counties would still be expected to maximize federal, Head Start, and other available funding sources, but the bill would expressly authorize lottery-related funds to support implementation of these prekindergarten services.

Sentiment

The bill appears to be broadly supportive of early childhood education and is framed as a funding clarification for an existing policy priority. The bill text emphasizes the educational benefits of prekindergarten and the need for statewide access, suggesting a generally favorable posture toward expansion and support of these programs. No committee transcript or recorded vote information is available in the provided materials, so there is no direct evidence of opposition or amendment debate in the record supplied.

Contention

The main policy issue is funding: the bill explicitly authorizes use of lottery-related funds for early childhood education, which may raise questions about budget priorities, the availability of those funds for other purposes, and whether counties have adequate facilities and personnel to implement programs. The statute itself also reflects longstanding implementation concerns, including uneven county capacity, reliance on waivers, and the need to coordinate with Head Start and other community-based programs. Any contention would likely center on whether the state should direct more lottery revenue to pre-K and how counties should meet the program mandates without overburdening local systems.

Companion Bills

No companion bills found.

Previously Filed As

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 SB1012

Expiring funds to Department of Arts, Culture, and History from Lottery Education Fund

WV SB75

Changing distribution of income from excess lottery fund

WV HJR33

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

WV HB2597

Relating to the transfer of certain revenues derived from lottery activities generally, restoring distribution to the West Virginia Infrastructure Fund to 2013 rates and decreasing the funds available for grants therefrom

WV HB2268

Relating to authorizing the Lottery Commission to promulgate a legislative rule relating to West Virginia Lottery Sports Wagering Rule

WV HB3458

Relating to tax on the privilege of holding a license to operate West Virginia Lottery table games

WV HB2059

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

WV SB922

Streamlining and enhancing early childhood education and child care services in WV

WV HB2694

Relating to the amount deposited into the State Lottery Fund for costs and expenses of administering the article

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