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HB 5434

Creating a moratorium for two years on school closures and providing for a pause on impending school closures.

2026 Regular Session Introduced by Erica Moore

Imposes a two-year pause on school closings/consolidations to allow for significant school funding formula revisions before final decisions are made.

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Bill Summary · HB 5434

Bill Summary – West Virginia HB 5434 (2026 Session)

Title

Creating a moratorium for two years on school closings and providing for a pause on impending school closures, and allowing for an optional emergency levy election to be held.

Purpose and intent

  • Main goal: Pause or slow the process of school closings or consolidations in West Virginia for a two-year period to allow for revisions to the state’s school funding formula.
  • Additionally, authorize a pause on planned closings to permit an optional emergency levy election, if a local board votes to pursue it.
  • The bill seeks to ensure that funding formula changes are considered before final decisions on closures/consolidations are made, potentially altering projected outcomes.

Key provisions and changes

Mandatory information and public process (existing framework, with added timing)

  • Before any final county board decision to close or consolidate a school (except in cases where a construction bond issue already passed and included those schools), the county board must:
    • Prepare written reasons and an impact statement, made publicly available 30 days prior to a required public hearing.
    • Deliver copies to affected school principals, receiving schools, and local school improvement councils.
    • Provide notice for a public hearing and advertise it for three weeks in a Class III legal publication.
    • Hold a separate hearing for each proposed closure/consolidation, with capacity and location requirements for attendance.
    • Receive findings and recommendations from any local school improvement council relating to the proposal.
    • Consider the impact statement in making the final decision (the impact statement has substantial weight).

State board rules and reporting

  • The West Virginia State Board of Education must promulgate rules governing:
    • The type of supporting data required in the written statement of reason.
    • The content and scope of the impact statement (students, transportation, financial health, enrollment at receiving schools, personnel implications, and community impact).
    • Procedures for public hearings (venue standards, speaking opportunities, time limits, and handling multiple hearings across schools in a county).

Pause for funding formula revisions (and related protections)

  • A critical new element: All proposed closings/consolidations shall be paused to allow time for appropriate school funding formula revisions by the Legislature, provided those revisions are enacted and deemed significant enough to affect the outcome.
  • If the revisions are not enacted or not deemed significant, closures/consolidations may proceed as scheduled.
  • The state shall cover minimum expenses associated with planned closings/consolidations until the funding formula revisions take effect; the stated amount equals the estimated savings from the closure/consolidation.

Emergency levy option

  • If a closure is in progress but has not yet completed, the county board may vote to hold an emergency levy election (special election) to fund the affected area.
  • If the board decides to hold the election, it is specifically conducted as a special election.
  • This provision does not apply to schools that have already closed.

Timing and rulemaking deadlines

  • The State Board is required to promulgate the rules related to the pause provisions and associated procedures by June 1, 2026.
  • The bill also notes that rules related to the pause provisions from (h) through (l) must be in place by June 1, 2026.

Who would be affected

  • County boards of education: Must comply with enhanced procedural requirements for closings/consolidations and navigate the pause if funding reforms take effect.
  • Affected schools and communities: Schools proposed for closure or consolidation, as well as the schools receiving students, their staff, and local school improvement councils.
  • Students and families: Potential changes in transportation, enrollment, and school assignments due to any closure/consolidation paused for funding reform.
  • State Board of Education: Responsible for promulgating new rules to implement the added requirements and pause mechanism.
  • Local governments and taxpayers: Potentially impacted by the option to hold an emergency levy election to fund operations during the paused period.

Procedural and timeline aspects

  • Effective pause: Two-year moratorium on closings/consolidations to await funding formula revisions.
  • Rulemaking deadlines: State Board must issue required rules by June 1, 2026.
  • Emergency levy option: If closing is underway, boards may hold a special election for an emergency levy; not applicable to already-closed schools.
  • Financial protection: State funds would cover minimum expenses associated with planned closings/consolidations during the pause, equal to estimated savings from the closure/consolidation.

Notes

  • The bill’s main purpose is to delay school closures and consolidations to allow legislative changes to the school aid funding formula to take effect, potentially altering whether a closure/consolidation is warranted.
  • It establishes detailed public notice, hearing, and data requirements to ensure transparency during the decision-making process.

Compiled from official sources — confirm details with the bill’s official record.

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