West Virginia House Bill HB5247

West Virginia 2026 Regular Session

• Introduced: 2/5/26
• Refer: 2/5/26

Caption

Establishing a pilot program to develop school-based mental and behavioral health services

Summary

House Bill 5247 would require the West Virginia Department of Education to create a three-year pilot program that expands school-based mental and behavioral health services for students and families. The program is intended to serve as an alternative to disciplinary action for disruptive student behavior, including suspensions under existing school discipline law. It would be available only to schools that already have either a school-based health center or an expanded school mental health framework in place. Participating schools would need to provide mental and behavioral health services through direct employment or contracts, ensure services are available across levels of need, and allow those providers to receive referrals for students who violate the disciplinary code or who are referred by courts as part of diversion or disposition. The bill also authorizes assessments, ongoing treatment when appropriate, and services for family or household members, with billing to insurance, the school, or the Department of Human Services depending on the referral source.

Impact

The bill would add a new section to West Virginia Code §18A-5, creating a new statutory pilot program within the public school discipline framework. It would not eliminate existing disciplinary authority, but it would establish an alternative pathway that connects student misconduct with mental and behavioral health intervention, potentially reducing suspensions and increasing access to school-based treatment services. It would also create new operational and billing responsibilities for participating schools, providers, and state agencies.

Sentiment

The available bill text and context suggest a generally supportive policy approach focused on student wellness, diversion, and reducing exclusionary discipline. The bill’s stated purpose emphasizes treatment and support rather than punishment, which indicates a rehabilitative and preventive intent. No committee transcripts or recorded votes were provided, so there is no evidence of formal opposition or amendment debate in the supplied materials.

Contention

The main points of potential contention are likely to be implementation and scope. Schools would need existing health infrastructure or an expanded mental health framework to participate, which may limit access and raise questions about equity across districts. The bill also authorizes referrals from courts and services for family and community members, which could prompt concerns about privacy, staffing, funding, billing, and whether schools should serve as a broader behavioral health access point. Another possible issue is whether the program could shift disciplinary decisions away from local school administrators or create administrative burdens for schools and providers.