Relating to a right to early childhood education

2026 Regular Session Introduced by Kayla Young

Amend the state constitution to guarantee all West Virginia children a free early childhood education.

To House Education

#constitutionalamendments

Overview

Bill: HJR 35 (House Joint Resolution 35)

Session: West Virginia, 2026 Regular Session

Sponsor: Delegate Kayla Young (primary); cosponsor included

Status: Introduced February 3, 2026; referred to Education and then Judiciary

Purpose: Proposes amending the West Virginia Constitution to guarantee free early childhood education for all WV children, to be voted on by the electorate at the 2026 general election.

Main Purpose and Intent

To constitutionalize a right to free early childhood education for all children in West Virginia.

The resolution seeks to add a new section (Section 8) to Article XII (Education) of the West Virginia Constitution.

The summarized purpose states: “To amend the State Constitution to provide that all West Virginia children are entitled to a free early childhood education.”

Key Provisions

Constitutional Amendment: Adds new constitutional language requiring the Legislature to provide a thorough and efficient system of free schools, explicitly including early childhood education.

Designation: The amendment would be numbered "Amendment 1" and designated as the "Free Early Childhood Education Amendment."

Placement: The proposed amendment would be referred to voters for ratification or rejection at the next general election in 2026.

Language framework: The measure situates early childhood education within the constitutional obligation to maintain a thorough and efficient system of free public education.

Affected Parties and Impacts

Children: All West Virginia children would be entitled to a free early childhood education under the state constitution.

Families: May reduce or eliminate out-of-pocket costs for qualifying early childhood education services (subject to future implementing statutes).

State Government: Imposes a constitutional obligation on the Legislature to establish, fund, and regulate a comprehensive free early childhood education system as part of public education.

Educational Stakeholders: School districts, early childhood providers, and educators would operate within a constitutionally mandated framework, potentially affecting budgeting, program standards, and governance.

Procedural and Timeline Aspects

Proposal process: House Joint Resolution introduced and transmitted to committees (Education; Judiciary) for consideration.

Placement on ballot: If approved by both legislative chambers, the proposed amendment would be submitted to voters at the 2026 general election.

Constitutional change pathway: Successful ratification would amend Article XII of the West Virginia Constitution to insert Section 8, creating a constitutional guarantee of free early childhood education.

Implementation implications: While not detailed in the resolution, passage would typically require subsequent enabling legislation to define eligibility, program design, funding mechanisms, and administration to implement the constitutional guarantee.

Summary

HJR 35 seeks to amend the West Virginia Constitution to guarantee free early childhood education for all WV children. If approved by the Legislature and ratified by voters in the 2026 general election, the state would be constitutionally obligated to provide a thorough and efficient system of free early childhood education, integrated within the existing constitutional framework for public education. The measure outlines that the amendment be designated as "Amendment 1: Free Early Childhood Education Amendment" and would place the question before voters in 2026. Further statutory rules and funding would likely follow to operationalize the constitutional commitment.