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HB 5647

Relating to creating the Open and Equal Opportunities in Student Activities Act.

2026 Regular Session Introduced by Eric Brooks

Allows homeschooled, Hope Scholarship, and nonpublic students to participate in WVSSAC activities at member schools if their own school isn’t a member, with conditions.

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Bill Summary · HB 5647

HB 5647 (2026) — Open and Equal Opportunities in Student Activities Act (West Virginia)

Overview
- Purpose: Allow homeschooled students, Hope Scholarship students, and students in nonpublic schools to participate in extracurricular activities (including athletic teams) sponsored by West Virginia Secondary School Activities Commission (WVSSAC) member schools, even if their own school is not a WVSSAC member or does not sponsor the activity.
- Scope: Applies to public and nonpublic member schools that are part of the WVSSAC; clarifies transfer rules, participation conditions, and insurance implications for participating students.

Key Provisions
- Eligibility and Participation (new §18-2-47):
- Eligible groups: Homeschooled students; Hope Scholarship students; students enrolled in private, parochial, church schools, religious-order schools, private schools, or other nonpublic settings.
- Covering schools: May participate in extracurricular activities sponsored by WVSSAC member schools, including athletics, if their own school is not a WVSSAC member or does not sponsor the activity.
- Transfer rules: Students who participate and later leave a member school mid-year are subject to the same transfer protocols as other member-to-member transfers.
- Conditions for participation (must be met by the student):
1) Register with the county school board indicating intent to participate as a representative of a district school.
2) Pay the same participation fees as other students.
3) Agree to comply with WVSSAC rules and local board disciplinary rules.
4) Meet the same academic standards as other participants, verified by documentation (see details below).
- Documentation options: (A) prior semester transcript; (B) a nationally normed standardized test (score on grade level or at least fourth stanine); (C) a portfolio demonstrating proficiency to the principal or guidance counselor.
5) Meet same physical examination and immunization requirements as other participants.
6) Meet residency requirements of the host district.
- Continued participation in curricular activities: If a curricular requirement is tied to the extracurricular activity (e.g., weight training), the student may participate in that curricular component.
- Eligibility documentation: If previously enrolled in a member school, eligibility is based on the student’s performance at that school.
- Insurance: District insurance must cover the participating student; if extra premium is required, the student pays the additional premium.
- No guaranteed roster spot: The act does not guarantee making a team or joining another activity; it ensures the student cannot be barred from trying out if otherwise eligible under this act.

  • Eligibility and Compliance Details (sections d–i):

    • Residency, immunization, and exam requirements aligned with other students.
    • Ineligibility standards: Students must regain eligibility under the same standards applicable to other students if they fall out of compliance.
    • Early-year transfer eligibility: Students transferring to a member school can be eligible in the first grading period if they have a positive evaluation from the prior semester.
    • Non-discrimination: No impediment to competition by teams that include eligible participating students; member schools cannot join groups that discriminate against eligible participants.
    • Governing rules: Students must comply with rules of the WVSSAC and local boards; participation requires adherence to standards and policies.

  • Special Provisions (subsection k):

    • Elementary and middle school students enrolled in private/parochial/church schools or religious-order schools, Hope Scholarship participants, microschool/learning pod participants remain eligible to participate in all extracurricular activities (including cheerleading) in their resident district without requiring a pre-commitment or registration in advance.

Impacts and Implications
- Affects: Homeschooled students, Hope Scholarship recipients, and students in nonpublic schools seeking to participate in activities at WVSSAC member schools.
- Administrative: Requires district and school systems to coordinate eligibility, registration, fee payments, medical and academic documentation, and insurance coverage for participating non-public school students.
- Equity and Access: Aims to broaden participation opportunities and reduce barriers for nonpublic and homeschooled students, while preserving existing eligibility standards and transfer processes.
- Limitations: The bill explicitly states it does not guarantee selection or placement on a team; eligibility is contingent on meeting the outlined conditions and WVSSAC rules.

Timeline and Status
- Introduced: February 17, 2026
- Referral: House Education Committee
- Sponsorship: Primary sponsor Delegate (Eric) Brooks; Co-sponsor listed as well

Notes
- The act is codified as new §18-2-47 of the West Virginia Code.
- The bill emphasizes parity in participation opportunities while maintaining standard requirements for eligibility, discipline, academics, residency, and insurance.

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

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