HB 4945 — Relating generally to the Hope Scholarship Program

(3) "Curriculum" means a complete course of study for a particular elementary or secondary education content area or grade level including, but not limited to, textbooks;

or any supplemental materials required by the curriculum;(4)curriculum; "Education service provider" means a person or organization that receives payments from Hope Scholarship accounts to provide educational goods and services to Hope Scholarship students;(5) "Eligible recipient" means a child who:(A) Is a resident of this state;

and(B)(4) Is"Education enrolledservice full-timeprovider" andmeans attending a publicperson elementary or secondaryorganization school program in this state for at least 45 calendar days during an instructional term at the time of application and until an award letter is issued by the board under §18-31-5(c) of this code, or enrolled full-time in a public elementary or secondary school program in this state for the entire instructional term the previous year, or is eligible at the time of application to enroll in a kindergarten program in this state pursuant to §18-8-1a of this code, except that ifreceives onpayments Julyfrom 1, 2024, the participation rate of the combined number of students in the Hope Scholarship Programaccounts and students eligible who have applied to participateprovide ineducational thegoods Hopeand Scholarshipservices program during the previous school year is less than five percent of net public school enrollment adjusted for state aid purposes for the previous school year, then, effective July 1, 2026, a child is considered to meet the requirements of this paragraph if he or she is enrolled, eligible to be enrolled, or required to be enrolled in a kindergarten program or public elementary or secondary school program in this state at the time of application;(6) "Hope scholarship funds" means the moneys deposited in a Hope Scholarship student'sstudents; account in accordance with the requirements of this article:(7) "Hope scholarship student" means a student who receives a scholarship pursuant to this article;(8) "Individualized Instructional Program (IIP)" means a customized educational experience that takes place either at home or another location.

Hope(5) Scholarship"Eligible studentsrecipient" participating in an IIP are not enrolled in a participating school and shall be governed by the requirements of this article, unless otherwise stated, and not any other compulsory school attendance exemption requirements;(8) (9) "Parent" means a biologicalchild parent,who: legal guardian, custodian, or other person with legal authority to act on behalf of an eligible recipient or Hope Scholarship student;(9) (10) "Participating school" means any private school that provides education to elementary and/or secondary students and has notified the board of its intention to participate in the program and comply with the program's requirements;(10) (11) "Resident school district" means the county school district in which the student resides;

and(11)(A) (12)Is "Treasurer"a meansresident theof Westthis Virginiastate; State Treasurer.

§18‑31‑2a.and (B) Is enrolled full-time and attending a public elementary or secondary school program in this state for at least 45 calendar days during an instructional term at the time of application and until an award letter is issued by the board under §18-31-5(c) of this code, or enrolled full-time in a public elementary or secondary school program in this state for the entire instructional term the previous year, or is eligible at the time of application to enroll in a kindergarten program in this state pursuant to §18-8-1a of this code, except that if on July 1, 2024, the participation rate of the combined number of students in the Hope Scholarship Program and students eligible who have applied to participate in the Hope Scholarship program during the previous school year is less than five percent of net public school enrollment adjusted for state aid purposes for the previous school year, then, effective July 1, 2026, a child is considered to meet the requirements of this paragraph if he or she is enrolled, eligible to be enrolled, or required to be enrolled in a Enr HB 4945 kindergarten program or public elementary or secondary school program in this state at the time of application;

(6) "Hope scholarship funds" means the moneys deposited in a Hope Scholarship student's account in accordance with the requirements of this article:

(7) "Hope scholarship student" means a student who receives a scholarship pursuant to this article;

(8) "Individualized Instructional Program (IIP)" means a customized educational experience that takes place either at home or another location.

Hope Scholarship students participating in an IIP are not enrolled in a participating school and shall be governed by the requirements of this article, unless otherwise stated, and not any other compulsory school attendance exemption requirements;

(9) "Parent" means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible recipient or Hope Scholarship student;

(10) "Participating school" means any private school that provides education to elementary and/or secondary students and has notified the board of its intention to participate in the program and comply with the program's requirements;

(11) "Resident school district" means the county school district in which the student resides;

and (12) "Treasurer" means the West Virginia State Treasurer.

§18-31-2a.

Provided, That  aa Hope Scholarship student that pursues an individualized instructional program shall have the same privileges and access to Enr HB 4945 programs that this code makes available to students exempt from compulsory school attendance pursuant to §18‑8‑1(c)§18-8-1(c) of this code including, but not limited to:(1)to: The ability to receive a diploma from the student's secondary educational program administrator according to the requirements of §18‑8‑12 of this code;

(2)(1) The ability to receive a diploma from the PROMISEstudent's scholarshipsecondary educational program administrator according to the requirements of §18C‑7‑1§18-8-12 etof seq.this code;

(2) The ability to receive the PROMISE scholarship according to the requirements of §18C-7-1 et seq.

(3) The ability to receive a work permit without prior review by a school administrator pursuant to §21‑6‑3§21-6-3 of this code;

and(4)and (4) The ability to participate in an ACE program according to the requirements in §18‑2E‑11§18-2E-11 of this code.(b)code. Notwithstanding any provision of this code to the contrary, a Hope Scholarship student that attends a participating school shall have the same privileges and access to programs available to students exempt from compulsory school attendance pursuant to §18‑8‑1 of this code by virtue of attendance of a nonpublic school including, but not limited to:(1) The ability to receive a diploma from the student's school administrator according to the requirements of §18‑8‑12 of this code;

(2)(b) TheNotwithstanding abilityany provision of this code to receivethe contrary, a Hope Scholarship student that attends a participating school shall have the PROMISEsame scholarshipprivileges accordingand access to theprograms requirementsavailable to students exempt from compulsory school attendance pursuant to §18-8-1 of §18C‑7‑1this et.code by virtue of attendance of a nonpublic school including, but not limited to:

(1) The ability to receive a diploma from the student's school administrator according to the requirements of §18-8-12 of this code;

(2) The ability to receive the PROMISE scholarship according to the requirements of §18C-7-1 et.

and(3)and (3) The ability to participate in an ACE program according to the requirements in §18‑2E‑11§18-2E-11 of this code.(c)code. Nothing in this section may be construed as subjecting homeschool students or nonpublic school students not participating in the Hope Scholarship Program to the requirements of this article.

§18‑31‑3.(c) Nothing in this section may be construed as subjecting homeschool students or nonpublic school students not participating in the Hope Scholarship Program to the requirements of this article.

§18-31-3.

(a) The West Virginia Hope Scholarship Program shall be administered by the West Virginia Hope Scholarship Board.(b)Board. The board shall consist of nine members and include the following:(1) The State Treasurer, or his or her designee;(2) The State Auditor, or his or her designee;(3) The State Attorney General, or his or her designee;(4) The State Superintendent of Schools, or his or her designee;

(5)Enr TheHB Chancellor4945 of(b) Higher Education, or his or her designee;(6) The Directorboard ofshall theconsist Herbert Henderson Office of Minoritynine Affairs,members orand hisinclude orthe herfollowing: designee;

and(7)(1) ThreeThe membersState appointedTreasurer, byor thehis Governor with the advice and consent of the Senate who are parents of Hope Scholarship students, or forher thedesignee; initial appointments of board members following the effective date of this article, parents who intend to apply for the Hope Scholarship on behalf of eligible recipients, to be appointed as follows:(A) Only state residents are eligible for appointment to the board;(B) The parent members shall reside in geographically diverse areas of the state;(C) Members shall be initially appointed to staggered terms as follows:(i) One member appointed by the Governor to a one‑year term;(ii) One member appointed by the Governor to a two‑year term;

and(iii)(2) OneThe memberState eachAuditor, appointedor byhis the Governor to a three‑year term.(C)  For appointments made after July 1, 2024, the parent members shall represent parents of students engaged in a diverse range of educational options, such as microschools or otherher individualizeddesignee; instruction;The Governor shall make appointments necessary to satisfy the requirements of subdivision (7) of this section to staggered terms as determined by the Governor.

After(3) theThe initialState staggeringAttorney ofGeneral, terms,or appointedhis parentor boardher membersdesignee; shall serve for three‑year terms and are eligible for reappointment at the expiration of their terms;

and(D)(4) IfThe thereState isSuperintendent a vacancy among appointed members, the vacancy shall be filled by appointment to the unexpired term of aSchools, personor meetinghis theor requirementsher ofdesignee; this section by the Governor with the advice and consent of the Senate.

 Members(5) ofThe theChancellor board shall serve until the later of theHigher expirationEducation, of the term for which the member was appointed or the appointment of his or her successor.(c)designee; Members of the board shall serve without compensation.

 The(6) boardThe mayDirector reimburseof membersthe forHerbert allHenderson reasonableOffice andof necessaryMinority expenses,Affairs, includingor travelhis expenses,or actuallyher incurreddesignee; by board members in the conduct of their official duties.

Anyand expense(7) reimbursementsThree shallmembers beappointed madeby fromthe Governor with the Westadvice Virginiaand consent of the Senate who are parents of Hope Scholarship Programstudents, Expenseor Fundfor atthe initial appointments of board members following the sameeffective ratedate paidof tothis statearticle, employees.(d)parents Thewho Treasurerintend isto apply for the chairmanHope andScholarship presidingon officerbehalf of theeligible board.recipients, to be appointed as follows:

 The(A) TreasurerOnly maystate provideresidents officeare spaceeligible and staff to the board upon request of the board.(e) The State Superintendent of Schools may provide staff to the board, upon request of the board.(f) A majority of the members of the board constitutes a quorum for theappointment transaction of the business of the board.(g) Members of the board are subject to the ethicalboard; standards and financial disclosure requirements of the West Virginia Governmental Ethics Act in §6B-1-1 et seq.

(B) The parent members shall reside in geographically diverse areas of the state;

(C) For appointments made after July 1, 2024, the parent members shall represent parents of students engaged in a diverse range of educational options, such as microschools or other individualized instruction;

The Governor shall make appointments necessary to satisfy the requirements of subdivision (7) of this section to staggered terms as determined by the Governor.

After the initial staggering of terms, appointed parent board members shall serve for three-year terms and are eligible for reappointment at the expiration of their terms;

and (D) If there is a vacancy among appointed members, the vacancy shall be filled by appointment to the unexpired term of a person meeting the requirements of this section by the Governor with the advice and consent of the Senate.

Members of the board shall serve until the later of the expiration of the term for which the member was appointed or the appointment of his or her successor.

Enr HB 4945 (c) Members of the board shall serve without compensation.

The board may reimburse members for all reasonable and necessary expenses, including travel expenses, actually incurred by board members in the conduct of their official duties.

Any expense reimbursements shall be made from the West Virginia Hope Scholarship Program Expense Fund at the same rate paid to state employees.

(d) The Treasurer is the chairman and presiding officer of the board.

The Treasurer may provide office space and staff to the board upon request of the board.

(e) The State Superintendent of Schools may provide staff to the board, upon request of the board.

(f) A majority of the members of the board constitutes a quorum for the transaction of the business of the board.

(g) Members of the board are subject to the ethical standards and financial disclosure requirements of the West Virginia Governmental Ethics Act in §6B-1-1 et seq.

  §18-31-4.

The board is authorized to take any action necessary to effectuate the provisions of this article and to successfully administer the Hope Scholarship Program, subject to applicable state and federal law including, but not limited to, the following:(1)following: Adopt and amend bylaws;(2) Execute contracts and other instruments for necessary goods and services, employ necessary personnel and engage the services of private consultants, actuaries, auditors, counsel, managers, trustees, and any other contractor or professional needed for rendering professional and technical assistance and advice:

(1) Adopt and amend bylaws;

(2) Execute contracts and other instruments for necessary goods and services, employ necessary personnel and engage the services of private consultants, actuaries, auditors, counsel, managers, trustees, and any other contractor or professional needed for rendering professional and technical assistance and advice:

of this code;(3)code; Implement the program through the use of financial organizations as account depositories and managers;(4) Develop and impose requirements, policies, procedures, and guidelines to implement and manage the program;(5) Determine whether an expenditure of Hope Scholarship funds is or was a qualifying expense to educate a Hope Scholarship student pursuant to §18-31-7 of this code.

The(3) boardImplement may approve or deny expenditures by a majority vote;(6) Review any appeals made pursuant to §18-31-10(b) and §18-31-10(d) of this code;(7) Establish the methodprogram bythrough which moneys in the Hopeuse Scholarship Expense Fund shall be allocated to pay for administrative costs and assess, collect and expend administrative fees, charges, and penalties;(8) Authorize the assessment, collection, and retention of fees and charges against the amounts paid into and the earnings on the Hope Scholarship funds by a financial institution,organizations investmentas manager,account funddepositories manager, West Virginia Investment Management Board, West Virginia Board of Treasury Investments, or other professional managing or investing the Hope Scholarship funds and accounts;(9)managers; Invest and reinvest any of the funds and accounts under the board's control with a financial institution, an investment manager, a fund manager, the West Virginia Investment Management Board, West Virginia Board of Treasury Investments, or other professionals investing the funds and accounts:

Enr HB 4945 (4) Develop and impose requirements, policies, procedures, and guidelines to implement and manage the program;

(5) Determine whether an expenditure of Hope Scholarship funds is or was a qualifying expense to educate a Hope Scholarship student pursuant to §18-31-7 of this code.

The board may approve or deny expenditures by a majority vote;

(6) Review any appeals made pursuant to §18-31-10(b) and §18-31-10(d) of this code;

(7) Establish the method by which moneys in the Hope Scholarship Expense Fund shall be allocated to pay for administrative costs and assess, collect and expend administrative fees, charges, and penalties;

(8) Authorize the assessment, collection, and retention of fees and charges against the amounts paid into and the earnings on the Hope Scholarship funds by a financial institution, investment manager, fund manager, West Virginia Investment Management Board, West Virginia Board of Treasury Investments, or other professional managing or investing the Hope Scholarship funds and accounts;

(9) Invest and reinvest any of the funds and accounts under the board's control with a financial institution, an investment manager, a fund manager, the West Virginia Investment Management Board, West Virginia Board of Treasury Investments, or other professionals investing the funds and accounts:

and(10)(10) Solicit and accept gifts, including bequests and other testamentary gifts made by will, trust, or other disposition;

Provided, That the board shall use the property received to effectuate the desires of the donor, and shall convert the property received into cash within 180 days of receipt;(11)receipt; Take any issues relating to Hope Scholarship student participation in established public charter schools to the West Virginia Professional Charter School Board;

and(12)Enr  RequestHB such4945 information(11) fromTake theany Departmentissues ofrelating Educationto andHope theScholarship countystudent boardsparticipation asin isestablished necessarypublic forcharter theschools completionto of the board'sWest responsibilitiesVirginia pursuantProfessional toCharter thisSchool article.Board;

 and §18‑31‑5.(12) Request such information from the Department of Education and the county boards as is necessary for the completion of the board's responsibilities pursuant to this article.

§18-31-5.

 (a)(a) The Hope Scholarship Program is established to provide the option for a parent to better meet the individual elementary and secondary education needs of his or her eligible child.

The program shall be operational no later than July 1, 2022.(b)2022. The board shall create a standard application form that a parent can submit to establish his or her student's eligibility for the award of Hope Scholarship funds, to be placed in a personal education savings account to be used for qualifying education expenses on behalf of the eligible recipient as provided for in §18‑31‑7 of this code.

Information(b) aboutThe scholarshipboard fundsshall andcreate thea standard application processform shallthat bea madeparent availablecan onsubmit theto board'sestablish website.(c)his Theor boardher shallstudent's makeeligibility suchfor applicationsthe availableaward noof laterHope thanScholarship Marchfunds, 1,to 2022be andplaced shallin begina acceptingpersonal applicationseducation immediatelysavings thereafteraccount process,to accept,be andused makefor availablequalifying Hopeeducation Scholarshipexpenses applicationson andbehalf awardsof atthe anyeligible timerecipient duringas theprovided calendarfor year.in §18-31-7 of this code.

Information about scholarship funds and the application process shall be made available on the board's website.

(c) The board shall process, accept, and make available Hope Scholarship applications and awards at any time during the calendar year.

The board shall issue an award letter to eligible recipients within 45 days of receipt of a completed application and all required documentation.(d)documentation. The board shall approve an application for a Hope Scholarship if all of the following circumstances are met:(1) A parent submits an application for a Hope Scholarship in accordance with the legislative rules promulgated by the board;(2) A student on whose behalf the parent is applying is an eligible recipient, as provided for in §18‑31‑2(5) of this code;(3) The parent signs an agreement with the board, promising to do all of the following:(A) To provide an education for the eligible recipient in at least the subjects of reading, language, mathematics, science, and social studies;(B) To use the Hope Scholarship funds exclusively for qualifying expenses incurred in providing the student an elementary or secondary education as provided for in §18‑31‑7 of this code;(C) To comply with the rules and requirements of the Hope Scholarship Program;

and(D)(d) ToThe affordboard theshall Hopeapprove Scholarshipan studentapplication opportunities for educationala enrichmentHope suchScholarship asif organizedall athletics,of art,the music,following orcircumstances literature;are met:

and(E)(1) ToA notifyparent thesubmits Hopean Scholarshipapplication Boardfor immediatelya and cease use of Hope Scholarship funds upon the student's reenrollment in aaccordance publicwith school or when the studentlegislative graduatesrules frompromulgated orby otherwisethe successfullyboard; completes a secondary school program;

(4)(2) TheA boardstudent confirmson withwhose behalf the Westparent Virginiais Departmentapplying ofis Educationan thateligible therecipient, studentas satisfiesprovided §18‑31‑2(5)in §18-31-2(5) of this code:code;

Provided,(3) ThatThe ifparent thesigns departmentan doesagreement notwith reply within 30 days, this criteria is considered satisfied.(e) An application for a Hope Scholarship is All records accepted or maintained by the boardboard, containingpromising personallyto identifyingdo informationall of a Hope Scholarship student, applicant, or parent are confidential and not a public record subject to release pursuant to the Westfollowing: Virginia Freedom of Information Act, as codified in §29B‑1‑1 et seq.

(A) To provide an education for the eligible recipient in at least the subjects of reading, language, mathematics, science, and social studies;

Enr HB 4945 (B) To use the Hope Scholarship funds exclusively for qualifying expenses incurred in providing the student an elementary or secondary education as provided for in §18-31-7 of this code;

(C) To comply with the rules and requirements of the Hope Scholarship Program;

(D) To afford the Hope Scholarship student opportunities for educational enrichment such as organized athletics, art, music, or literature;

and (E) To notify the Hope Scholarship Board immediately and cease use of Hope Scholarship funds upon the student's reenrollment in a public school or when the student graduates from or otherwise successfully completes a secondary school program;

(4) The board confirms with the West Virginia Department of Education that the student satisfies §18-31-2(5) of this code:

Provided, That if the department does not reply within 30 days, this criteria is considered satisfied.

(e) All records accepted or maintained by the board containing personally identifying information of a Hope Scholarship student, applicant, or parent are confidential and not a public record subject to release pursuant to the West Virginia Freedom of Information Act, as codified in §29B-1-1 et seq.

  §18-31-6.

 (a)(a) There is hereby created in the State Treasury a special revenue fund designated and known as the West Virginia Hope Scholarship Program Fund.

Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.(b)section. The amount of Hope Scholarship funds made available to an eligible recipient on a yearly basis shall be equal to 100 percent of the prior year's statewide average net state aid share allotted per pupil based on net enrollment adjusted for state aid purposes, subject to the provisions of subsection (c) of this section:

Enr HB 4945 (b) The amount of Hope Scholarship funds made available to an eligible recipient on a yearly basis shall be equal to 100 percent of the prior year's statewide average net state aid share allotted per pupil based on net enrollment adjusted for state aid purposes, subjectto the provisions of subsection (c) of this section:

On or prior to the submission of the Department of Education's budget request each year, the board shall notify the Department of Education of the total number of eligible Hope Scholarship applications received by the board the estimated number of Hope Scholarship applications for the fiscal year for purposes of facilitating the necessary transfer of moneys pursuant to §18-9A-25 of this code.(c)code.  Expenditures from the Hope Scholarship Fund shall be limited to the purposes set forth in this article:

(c) Expenditures from the Hope Scholarship Fund shall be limited to the purposes set forth in this article:

If the number of Hope Scholarship accounts increases significantly after any fiscal year, the Treasurer may request an appropriation by the Legislature to the West Virginia Hope Scholarship Program Expense Fund in an amount equal to the administrative costs associated with the increase in Hope Scholarship accounts.(d)accounts. The first deposit of Hope Scholarship funds into an eligible recipient account shall be subject to the execution of the parental agreement required by §18-31-5 of this code.

(d) The first deposit of Hope Scholarship funds into an eligible recipient account shall be subject to the execution of the parental agreement required by §18-31-5 of this code.

Any funds remaining in a Hope Scholarship account at the end of the fiscal year may be carried over to the next fiscal year upon successful renewal of the account.(e)account. Funds deposited in a student's Hope Scholarship account, other than those funds expended on transportation services pursuant to §18-31-7(11) of this code, do not constitute taxable income to the parent or the Hope Scholarship student.(f) The board shall continue to make deposits into an eligible recipient's Hope Scholarship account in accordance with the provisions of this section unless any of the following conditions have occurred:(1) A parent of an eligible recipient fails to renew a Hope Scholarship account or withdraws from the Hope Scholarship Program;(2) The board determines that a student is no longer eligible for a Hope Scholarship;

(3)Enr TheHB board4945 suspends(e) orFunds revokesdeposited participation in thea student's Hope Scholarship Programaccount, forother failurethan tothose complyfunds withexpended theon requirementstransportation ofservices thispursuant article;(4)to The§18-31-7(11) Hopeof Scholarshipthis studentcode, successfullydo completes a secondary education program or does not commenceconstitute kindergarten-leveltaxable educationincome into the yearparent thator eligibility is based on the student'sHope kindergartenerScholarship status;student.

or(5)(f) The Hopeboard Scholarshipshall studentcontinue reachesto 21make yearsdeposits ofinto age.(g)an  Ifeligible anyrecipient's ofHope theScholarship conditionsaccount in subsectionaccordance (f)with the provisions of this section occur,unless theany boardof shall notify the parentfollowing thatconditions thehave eligibleoccurred: recipient's account will be closed in 45 calendar days.

 If(1) aA parent fails to adequately address the condition or conditions upon which closure is based or does not respond within 30 calendar days of receiptan ofeligible notice,recipient thefails board shall close the account and any remaining moneys shall be returned to therenew state.(h)(1) There is hereby created in the State Treasury a specialHope revenueScholarship fundaccount designatedor andwithdraws knownfrom as the West Virginia Hope Scholarship ProgramProgram; Expense Fund.

(2) The board determines that a student is no longer eligible for a Hope Scholarship;

(3) The board suspends or revokes participation in the Hope Scholarship Program for failure to comply with the requirements of this article;

(4) The Hope Scholarship student successfully completes a secondary education program or does not commence kindergarten-level education in the year that eligibility is based on the student's kindergartener status;

or (5) The Hope Scholarship student reaches 21 years of age.

(g) If any of the conditions in subsection (f) of this section occur, the board shall notify the parent that the eligible recipient's account will be closed in 45 calendar days.

If a parent fails to adequately address the condition or conditions upon which closure is based or does not respond within 30 calendar days of receipt of notice, the board shall close the account and any remaining moneys shall be returned to the state.

(h)(1) There is hereby created in the State Treasury a special revenue fund designated and known as the West Virginia Hope Scholarship Program Expense Fund.

All interest and other returns derived from the deposit and investment of moneys in the Hope Scholarship Program Enr HB 4945 Expense Fund shall be credited to the fund.

Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.(2)section. All expenses incurred by the Treasurer or the board in developing and administering the Hope Scholarship Program shall be payable from the West Virginia Hope Scholarship Expense Fund.

 (2) §18-31-7.All expenses incurred by the Treasurer or the board in developing and administering the Hope Scholarship Program shall be payable from the West Virginia Hope Scholarship Expense Fund.

§18-31-7.

 (a)(a) Parents of a Hope Scholarship student shall agree to use the funds deposited in their student's Hope Scholarship account only for the following qualifying expenses to educate the student:(1)student: Ongoing services provided by a public school district pursuant to §18-31-8(f) of this code, including without limitation, individual classes and extracurricular activities and programs:

(1) Ongoing services provided by a public school district pursuant to §18-31-8(f) of this code, including without limitation, individual classes and extracurricular activities and programs:

(2) Tuition and fees at a participating school;(3)school; Tutoring services provided by an individual or a tutoring facility:

Provided,(3) ThatTutoring such tutoring services are not provided by a member of the Hope Scholarship student's immediate family;(4) Fees for nationally standardized assessments, advanced placement examinations, any examinations related to college or university admission, and tuition and/or fees for preparatory courses for the aforementioned exams;(5) Tuition and fees for programs of study or the curriculum of courses that lead to an industry-recognizedindividual credential that satisfies a workforce need;(6) Tuition and fees for nonpublic online learning programs including, but not limited to, online curriculum courses and tutorial programs;(7) Tuition and fees for alternative education programs;(8) Fees for after-school or summer education programs;(9) Educational services and therapies including, but not limited to, occupational, behavioral, physical, speech-language, and audiology therapies;(10) Curriculum as defined in §18-31-2 of this code;(11) Instruments or equipment required as part of a musictutoring educationfacility: course or curriculum;(11) (12) Fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider;

and(12)Provided, (13)That Anysuch othertutoring qualifiedservices qualifyingare expensesnot asprovided approved by thea boardmember establishedof pursuantthe toHope §18-31-3Scholarship ofstudent's thisimmediate code:family;

Provided,(4) ThatFees thefor boardnationally maystandardized adoptassessments, rulesadvanced andplacement proceduresexaminations, forany Hopeexaminations Scholarshiprelated students who want to continuecollege to receive services provided by a public school or district.(b)university Hopeadmission, Scholarshipandtuition fundsand/or mayfees onlyfor bepreparatory usedcourses for educationalthe purposesaforementioned inexams; accordance with subsection (a) of this section.

Nothing(5) inTuition thisand sectionfees requiresfor thatprograms aof Hopestudy Scholarship student be enrolled, full- or part-time,the incurriculum eitherof acourses privatethat schoollead orto nonpublican onlineindustry-recognized school.(c)credential Hopethat Scholarshipsatisfies funds may not be refunded, rebated, or shared with a parentworkforce orneed; student in any manner:

Provided,(6) ThatTuition theand Hopefees Scholarship Board shall promulgate legislative rules to ensure that an education service provider with 15 or more students can provide compensation to employees of the provider in the provider’s regular course of business, notwithstanding the fact that an employee’s child receives services from the education service provider.(d) The board may adopt procedures for establishingnonpublic aonline reimbursementlearning processprograms forincluding, anybut qualifying expenses not availablelimited forto, purchase by a Hope Scholarship parent through the existing online Hopecurriculum Scholarshipcourses Programand portal.tutorial programs;

Any(7) refundTuition orand rebatefees for goodsalternative oreducation servicesprograms; purchased with Hope Scholarship funds shall be credited directly to a student's Hope Scholarship account.(e) Nothing in this section prohibits the parents of a Hope Scholarship student from making payments for the costs of educational goods and services not covered by the funds in their student’s Hope Scholarship account.

Enr HB 4945 (8) Fees for after-school or summer education programs;

(9) Educational services and therapies including, but not limited to, occupational, behavioral, physical, speech-language, and audiology therapies;

(10) Curriculum as defined in §18-31-2 of this code;

(11) Instruments or equipment required as part of a music education course or curriculum;

(12) Fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider;

and (13) Any other qualifying expenses as approved by the board established pursuant to §18- 31-3 of this code:

Provided, That the board may adopt rules and procedures for Hope Scholarship students who want to continue to receive services provided by a public school or district.

(b) Hope Scholarship funds may only be used for educational purposes in accordance with subsection (a) of this section.

Nothing in this section requires that a Hope Scholarship student be enrolled, full- or part-time, in either a private school or nonpublic online school.

(c) Hope Scholarship funds may not be refunded, rebated, or shared with a parent or student in any manner:

Provided, That the Hope Scholarship Board shall promulgate legislative rules to ensure that an education service provider with 15 or more students can provide compensation to employees of the provider in the provider’s regular course of business, notwithstanding the fact that an employee’s child receives services from the education service provider.

(d) The board may adopt procedures for establishing a reimbursement process for any qualifying expenses not available for purchase by a Hope Scholarship parent through the existing online Hope Scholarship Program portal.

Any refund or rebate for goods or services purchased with Hope Scholarship funds shall be credited directly to a student's Hope Scholarship account.

(e) Nothing in this section prohibits the parents of a Hope Scholarship student from making payments for the costs of educational goods and services not covered by the funds in their Enr HB 4945 student’s Hope Scholarship account.

  §18-31-8.

Renewal Annual continuation of Hope Scholarship accounts;

(a) ANotwithstanding parentany mustchanges renewin aneligibility, eligibleeffective recipient’sJanuary 1, 2025, a Hope Scholarship onstudent anmay annualcontinue basis.participation in the program from school year to school year without reapplying for the program until one of the conditions set forth in §18-31-6(f) occurs:

NotwithstandingProvided, anyThat changesthe inboard eligibility,shall effectiveverify Januarywith 1,the 2025,Department aof HopeEducation Scholarship student who has previously qualified for a Hope Scholarship account remains eligible to apply for renewal may continue participation in the programfollowing frominformation schoolby yearJuly to1 school year without reapplying for the program until one of theevery conditionsyear: set forth in §18-31-6(f) occurs:

Provided,(1) That the board shall verify with the Department of Education the following information by July 1 of every year:(1) A list of all active Hope Scholarship accounts;(2)accounts; The resident school district of each Hope Scholarship student;(3) For a Hope Scholarship student who chooses to attend a participating school, annual confirmation of his or her continued attendance at a nonpublic school that complies with all requirements that other nonpublic school students must comply with;

and(4)(2) For a Hope Scholarship student who chooses an individualized instructional program:(A) (i) He or she has annually taken a nationally normed standardized achievement test of academic achievement in the subject areas of reading, language, and mathematics, and when available for the student's grade-level, science and social studies;(ii) The meanresident ofschool thedistrict child's overall test results in the subject areas of reading,each language,Hope mathematics,Scholarship science,student; and social studies tested for any single year is within or above the fourth stanine or, if below the fourth stanine, show improvement from the previous year's results;

and(iii)(3) TheFor meana Hope Scholarship student who chooses to attend a participating school, annual confirmation of thehis child'sor overallher testcontinued resultsattendance areat reporteda tononpublic theschool countythat superintendent;complies with all requirements that other nonpublic school students must comply with;

or(B)and (i)(4) AFor certified teacher conducts a reviewHope ofScholarship the student's academic work annually;(ii) The certified teacher determines that the student iswho makingchooses academican progressindividualized commensurateinstructional withprogram: his or her age and ability;

and(iii)(A) The(i) certifiedHe teacher'sor determinationshe ishas reportedannually totaken thea countynationally superintendent.(b)normed Asstandardized aachievement conditiontest of continuedacademic participationachievement in the Hopesubject Scholarshipareas Programof fromreading, onelanguage, schooland yearmathematics, toand thewhen next,available afor parent must annually meet the followingstudent's requirements,grade-level, accordingscience to the deadlines and proceduressocial establishedstudies; by the Board:(1) The parent must submit proof of the student’s continued West Virginia residency;(2) The parent must execute the parent agreement with the Board described in §18-31-5(d)(3) of this code ahead of each school year;

and(3)(ii) The parentmean must report to the county superintendent of the student’schild's countyoverall oftest residenceresults thatin the studentsubject hasareas compliedtested withfor allany attendancesingle andyear academicis requirementswithin inor accordanceabove with subsection (a) of this section for the mostfourth recentstanine schoolor, year.(b)if (c)below Each county superintendent shall submit the testfourth resultsstanine, andshow determinationsimprovement reportedfrom to him or her pursuant to subsection (a) of this section to the boardprevious andyear's theresults; Department of Education each year on or before June 15.

(c)and (d)(iii) IfThe amean parentof fails to renew an eligible recipient's Hope Scholarship meet the annualchild's conditionsoverall fortest continuedresults participationare inreported theto Hope Scholarship Program described in subsection (b) of this section, the boardcounty shallsuperintendent; notify the parent that the eligible recipient's account will be closed in 45 calendar days.

If a parent chooses not to renew or declines(B) continued(i) participationA incertified theteacher programconducts ora doesreview not respond within 30 calendar days of receipt of notice, the boardstudent's shallacademic closework theannually; account and any remaining moneys shall be returned to the state.(d) (e) If an eligible recipient decides to return to the Hope Scholarship Program after failing to renew meet the conditions for continued participation described in subsection (b) of this section, they must reapply.(e) The board, in consultation with the Department of Education, may adopt rules and policies to provide the least disruptive process for Hope Scholarship students who desire to stop receiving Hope Scholarship payments and return full-time to a public school.

(ii) The certified teacher determines that the student is making academic progress commensurate with his or her age and ability;

and Enr HB 4945 (iii) The certified teacher's determination is reported to the county superintendent.

(b) As a condition of continued participation in the Hope Scholarship Program from one school year to the next, a parent must annually meet the following requirements, according to the deadlines and procedures established by the Board:

(1) The parent must submit proof of the student’s continued West Virginia residency;

(2) The parent must execute the parent agreement with the Board described in §18-31- 5(d)(3) of this code ahead of each school year;

and (3) The parent must report to the county superintendent of the student’s county of residence that the student has complied with all attendance and academic requirements in accordance with subsection (a) of this section for the most recent school year.

(c) Each county superintendent shall submit the test results and determinations reported to him or her pursuant to subsection (a) of this section to the board and the Department of Education each year on or before June 15.

(d) If a parent fails to meet the annual conditions for continued participation in the Hope Scholarship Program described in subsection (b) of this section, the board shall notify the parent that the eligible recipient's account will be closed in 45 calendar days.

If a parent declines continued participation in the program or does not respond within 30 calendar days of receipt of notice, the board shall close the account and any remaining moneys shall be returned to the state.

(e) If an eligible recipient decides to return to the Hope Scholarship Program after failing to meet the conditions for continued participation described in subsection (b) of this section, they must reapply.

The board, in consultation with the Department of Education, shall ensure that any public school or school district providing such services receives Enr HB 4945 the appropriate pro rata share of a student's Hope Scholarship funds based on the percentage of total instruction provided to the student by the public school or school district.

Nothing in this subsection prohibits a Hope Scholarship student from using the funds deposited in his or her account on both services provided by a public school or district and other qualifying expenses as provided for in §18-31-7 of this code.(g)code. The board, in consultation with the Department of Education, may adopt rules and policies to provide the least disruptive process for Hope Scholarship students who desire to stop receiving Hope Scholarship payments and return full-time to a public school.

 (g) §18‑31‑10.The board, in consultation with the Department of Education, may adopt rules and policies to provide the least disruptive process for Hope Scholarship students who desire to stop receiving Hope Scholarship payments and return full-time to a public school.

§18-31-10.

(a) The board may propose legislative rules for approval pursuant to §29A‑3‑1§29A-3-1 et seq.

of this code for the auditing of individual Hope Scholarship accounts and shall conduct or contract for the random auditing of individual Hope Scholarship accounts as needed to ensure compliance with the requirements of this article and rules promulgated pursuant to this article.(b)article. As part of the auditing process, the board may remove a parent or eligible recipient from the Hope Scholarship Program and close a Hope Scholarship account for failure to comply with the terms of the parental agreement required by §18‑31‑5 of this code, failure to comply with the applicable laws, failure of the student to remain eligible, or intentional and fraudulent misuse of Hope Scholarship funds:

Provided,(b) ThatAs thepart boardof shallthe createauditing proceduresprocess, to ensure that a fair process exists to determine the removalboard ofmay remove a parent or eligible recipient from the Hope Scholarship Program and close a parent or Hope Scholarship studentaccount mayfor appealfailure the decision to makecomply with the studentterms ineligibleof forthe fundsparental toagreement therequired board.(c)by The§18-31-5 boardof maythis conductcode, orfailure contractto forcomply with the auditapplicable laws, failure of educationthe servicestudent providersto acceptingremain paymentseligible, fromor intentional and fraudulent misuse of Hope Scholarship accounts.funds:

ifProvided, itThat determinesthe board shall create procedures to ensure that a fair process exists to determine the educationremoval serviceof providera has:(1)parent Intentionallyor andeligible substantiallyrecipient misrepresentedfromthe informationHope Scholarship Program and a parent or failedHope Scholarship student may appeal the decision to refundmake anythe overpaymentsstudent inineligible afor timelyfunds manner;to the board.

or(2)Enr RoutinelyHB failed4945 to.provide(c) students with promised educational goods or services.(c) The board may propose legislative rules for approval pursuant to §29A‑3‑1§29A-3-1 et seq.

of this code for the auditing of education service providers and shall conduct or contract for the random auditing of individual providers as needed to ensure compliance with the requirements of this article and rules promulgated pursuant to this article.(d)article. If the board determines that an education service provider has intentionally and substantially misused Hope Scholarship funds, the board may bar the education service provider from continuing to receive payments.

(d) If the board determines that an education service provider has intentionally and substantially misused Hope Scholarship funds, the board may bar the education service provider from continuing to receive payments.

If the board bars an education service provider from receiving payments from Hope Scholarship accounts, it shall notify parents and students of its decision as quickly as possible.(e)possible. If the board obtains evidence of potential fraudulent use of Hope Scholarship funds, it may refer suspected cases to the State Auditor for purposes of investigation, collection, and potential criminal investigation.

 (e) §18‑31‑11.If the board obtains evidence of potential fraudulent use of Hope Scholarship funds, it may refer suspected cases to the State Auditor for purposes of investigation, collection, and potential criminal investigation.

§18-31-11.

 (a)(a) To be eligible to accept payments from a Hope Scholarship account, an education service provider shall:(1)shall: Submit notice to the board that they wish to participate in the Hope Scholarship Program;(2) Provide participating parents with a receipt for all qualifying educational expenses for the Hope Scholarship student;(3) Agree not to refund, rebate, or share Hope Scholarship funds with parents or students in any manner, except that funds may be remitted or refunded to a Hope Scholarship account in accordance with §18‑31‑7(c) of this code;(4) Certify that it will not discriminate on any basis prohibited by 42 U.S.C.

1981;(5)(1) Agree to Submit anynotice employeeto orthe otherboard personthat whothey willwish haveto contactparticipate within the Hope Scholarship studentsProgram; receiving services from the provider to a criminal background check;

and(2) certifyProvide thatparticipating saidparents backgroundwith check does not indicate conviction of a felonyreceipt involvingfor violenceall toqualifying theeducational personexpenses andfor that the employeeHope orScholarship otherstudent; person is not on a federal or state sex offender registry;

and(6)(3) InAgree thenot case of a participating school, provide notice of each Hope Scholarship student's enrollment annually to therefund, countyrebate, superintendentor ofshare any student for which a student's tuition is being paid through the Hope Scholarship Program.(b)funds Thiswith articleparents does not limit the independence or autonomystudents ofin anany educationmanner, serviceexcept providerthat orfunds makemay the actions of an education service provider the actions of the state government.(c) Education service providers shall be givenremitted maximumor freedomrefunded to providea for the educational needs of Hope Scholarship studentsaccount without governmental control.(d) A participating school or education service provider is not required to alter its creed, practices, admission policy, hiring policy or curriculum in orderaccordance towith accept§18-31-7(c) eligibleof recipients whose parents pay tuition or fees from a Hope Scholarship account pursuant to this article:code;

Provided,(4) ThatCertify anthat educationit servicewill provider is prohibited from requiring a student or family to pay tuition, costs, or fees above or in addition to the provider's regular tuition or fee schedule based in whole or in part upon a student or family member's participation in the Hope Scholarship Program.(e) This article does not expanddiscriminate theon regulatory authority of the state, its officers, or any schoolbasis districtprohibited toby impose42 anyU.S.C. additional regulation of education service providers beyond those necessary to enforce the requirements of the program.

 1981; §18-31-14.

Enr HB 4945 (5) Submit any employee or other person who will have contact with Hope Scholarship students receiving services from the provider to a criminal background check and certify that said background check does not indicate conviction of a felony involving violence to the person and that the employee or other person is not on a federal or state sex offender registry;

and (6) In the case of a participating school, provide notice of each Hope Scholarship student's enrollment annually to the county superintendent of any student for which a student's tuition is being paid through the Hope Scholarship Program.

(b) This article does not limit the independence or autonomy of an education service provider or make the actions of an education service provider the actions of the state government.

(c) Education service providers shall be given maximum freedom to provide for the educational needs of Hope Scholarship students without governmental control.

(d) A participating school or education service provider is not required to alter its creed, practices, admission policy, hiring policy or curriculum in order to accept eligible recipients whose parents pay tuition or fees from a Hope Scholarship account pursuant to this article:

Provided, That an education service provider is prohibited from requiring a student or family to pay tuition, costs, or fees above or in addition to the provider's regular tuition or fee schedule based in whole or in part upon a student or family member's participation in the Hope Scholarship Program.

(e) This article does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of education service providers beyond those necessary to enforce the requirements of the program.

§18-31-14.

 (a)(a) The board shall provide a comprehensive report on the status of the Hope Scholarship Program to the Legislative Oversight Commission on Education Accountability on or before December 31, 2026, and annually on or before December 31 of each year thereafter, addressing the progress of the program throughout the state.

As part of the annual report, the board, in Enr HB 4945 collaboration with the state and county boards of education, shall survey participating Hope Scholarship families to determine:(1)determine: The types of educational services chosen by Hope Scholarship students;(2) Demographic and geographic data of participating students;(3) Number of students participating with special needs;(4) For Hope Scholarship students who withdrew from a public school, the stated reason for withdrawing;

(1) The types of educational services chosen by Hope Scholarship students;

(2) Demographic and geographic data of participating students;

(3) Number of students participating with special needs;

(4) For Hope Scholarship students who withdrew from a public school, the stated reason for withdrawing;

and(6)and (6) Parent satisfaction with the Hope Scholarship Program.(b)Program. The board shall use only aggregate, nonidentifying evaluation data when compiling any such public reports.

  AdoptedRejected(b) The board shall use only aggregate, nonidentifying evaluation data when compiling any such public reports.

Enr HB 4945 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect ninety days from passage.

...............................................................

Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2024.

.............................................................

Governor 23