West Virginia 2026 Session Status: Enacted 2 R cosponsors

HB 5354 — Relating to authorizing legislative rules regarding higher education

Last action — Chapter 222, Acts, Regular Session, 2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill allows for the creation of legislative rules about higher education.

The bill authorizes the establishment of legislative rules that will govern aspects of higher education. It aims to provide a framework for regulations affecting higher education institutions.

Summary

Relating to authorizing legislative rules regarding higher education

Bill Text

What changed in the latest version

135 added · 405 removed

Plain-language change summary

The recent changes to Bill HB 5354 include the addition of a new requirement that applicants for the Medical Student Loan Program must hold U.S. citizenship or legal immigrant status while actively pursuing U.S. citizenship. Additionally, several older legislative rules related to higher education programs have been repealed. These updates matter because they clarify eligibility requirements for financial aid and streamline the administration of educational programs, potentially opening up opportunities for more students while ensuring accountability in the use of funds.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 5354 By Delegates Statler and Toney [Introduced February 09, 2026;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED House Bill 5354 BYDELEGATESTATLER ATONEY [March 13, 2026;
referred to the Committee on Education] Eng HB 5354 A BILL to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, relating to authorizing legislative rules regarding higher education;
in effect from passage] Enr HB 5354 AN ACT to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, relating to authorizing legislative rules regarding higher education;
(a) The legislative rule filed in the State Register on October 15, 2004, relating to the Higher Education Policy Commission (Underwood-Smith Teacher Scholarship Program rule), is authorized.
(a) The legislative rule filed in the State Register on September 10, 2008, relating to the Higher Education Policy Commission (Medical Student Loan Program, 133 CSR 34), is authorized, with the following amendment:
(b) The legislative rule filed in the State Register on October 15, 2004, relating to the Higher Education Policy Commission (West Virginia Engineering, Science, and Technology Scholarship Program rule), is authorized.
(c) The legislative rule filed in the State Register on October 15, 2004, relating to the Higher Education Policy Commission (Medical Education Fee and Medical Student Loan Program rule), is authorized.
(d) The legislative rule filed in the State Register on October 27, 2005, relating to the Higher Education Policy Commission (authorization of degree-granting institutions), is authorized.
(e) The legislative rule filed in the State Register on August 23, 2006, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program), is authorized.
Eng HB 5354 (f) The legislative rule filed in the State Register on January 4, 2008, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence - PROMISE), is authorized.
(g) The legislative rule filed in the State Register on August 25, 2008, relating to the Higher Education Policy Commission (Research Trust Program), is authorized.
(h) The legislative rule filed in the State Register on January 8, 2009, relating to the Higher Education Policy Commission (Guidelines for Governing Boards in Employing and Evaluating Presidents), is authorized (I)(a) The legislative rule filed in the State Register on September 10, 2008, relating to the Higher Education Policy Commission (Medical Student Loan Program, 133 CSR 34), is authorized, with the following amendment:
(j) The legislative rule filed in the State Register on December 1, 2008, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program), is authorized.
(b) The legislative rule filed in the State Register on May 20, 2009, relating to the Higher Education Policy Commission (Energy and Water Savings Revolving Loan Fund Program, 133 CSR 50), is authorized.
(k) The legislative rule filed in the State Register on January 26, 2009, relating to the Higher Education Policy Commission (Accountability System), is authorized (l) (b) The legislative rule filed in the State Register on May 20, 2009, relating to the Higher Education Policy Commission (Energy and Water Savings Revolving Loan Fund Program, 133 CSR 50), is authorized.
(c) The legislative rule filed in the State Register on August 10, 2012, relating to the Higher Education Policy Commission (initial authorization of degree-granting institutions, 133 CSR 20), is authorized.
(m) The legislative rule filed in the State Register on January 27, 2010, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence - PROMISE), is authorized.
(d) The legislative rule filed in the State Register on January 22, 2019, relating to the Higher Education Policy Commission (Acceptance of Advanced Placement Credit, 133 CSR 15), is repealed.
Eng HB 5354 (n) The legislative rule filed in the State Register on December 8, 2010, relating to the Higher Education Policy Commission (authorization of degree-granting institutions), is authorized, with the following amendment:
Enr HB 5354 (e) The legislative rule filed in the State Register on January 22, 2019, relating to the Higher Education Policy Commission (Human Resources Administration, 133 CSR 53), is repealed.
On page 28, subsection 9.1.b, following the words "Good cause shall consist of" by inserting the words "any one or more of the following".
(f) The legislative rule filed in the State Register on October 4, 2019, relating to the Higher Education Policy Commission (Accountability System, 133 CSR 49) is repealed.
(o) The legislative rule filed in the State Register on December 12, 2011, relating to the Higher Education Policy Commission (Tuition and Fee Policy), is authorized.
(g) The legislative rule filed in the State Register on July 29, 2022, relating to the Higher Education Policy Commission (Performance-Based Funding Formula, 133 CSR 02) is authorized.
(p)(c) The legislative rule filed in the State Register on August 10, 2012, relating to the Higher Education Policy Commission (initial authorization of degree-granting institutions, 133 CSR 20), is authorized.
(h) The legislative rule filed in the State Register on June 14, 2022, relating to the Higher Education Policy Commission (Capital Project Management, 133 CSR 12) is authorized.
(q) The legislative rule filed in the State Register on August 10, 2012, relating to the Higher Education Policy Commission (annual reauthorization of degree-granting institutions), is authorized.
(i) The legislative rule filed in the State Register on July 29, 2022, relating to the Higher Education Policy Commission (Tuition and Fee Policy, 133 CSR 32) is authorized.
(r) The legislative rule filed in the State Register on March 20, 2013, relating to the Higher Education Policy Commission (Human Resources Administration), is authorized.
(j) The legislative rule filed in the State Register on July 29, 2022, relating to the Higher Education Policy Commission (Annual Reauthorization of Degree-Granting Institutions, 133 CSR 52) is authorized.
(s) The legislative rule filed in the State Register on January 24, 2014, relating to the Higher Education Policy Commission (Capital Project Management), is authorized.
(k) The legislative rule filed in the State Register on June 14, 2022, relating to the Higher Education Policy Commission (Human Resources Administration, 133 CSR 55) is authorized.
(t) The legislative rule filed in the State Register on April 4, 2014, relating to the Higher Education Policy Commission (Underwood-Smith Teacher Scholarship Program), is authorized.
(l) The legislative rule filed in the State Register on July 25, 2023, relating to the Higher Education Policy Commission (Guidelines for Employing and Evaluating Presidents, 133 CSR 05) is authorized.
(u) The legislative rule filed in the State Register on August 4, 2014, relating to the Higher Education Policy Commission (Nursing Scholarship Program), is authorized.
(m) The legislative rule filed in the State Register on September 12, 2023, relating to the Higher Education Policy Commission (Higher Education Adult Part-Time Student (HEAPS) Grant Program, 133 CSR 06) is authorized.
(v) The legislative rule filed in the State Register on October 28, 2015, relating to the Higher Education Policy Commission (Underwood-Smith Teacher Scholarship Program), is authorized.
(n) The legislative rule filed in the State Register on July 26, 2023, relating to the Higher Education Policy Commission (West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program, 133 CSR 07) is authorized.
(w) The legislative rule filed in the State Register on October 28, 2015, relating to the Higher Education Policy Commission (Nursing Scholarship Program), is authorized.
Enr HB 5354 (o) The legislative rule filed in the State Register on July 28, 2023, relating to the Higher Education Policy Commission (Dual Enrollment Pilot Program, 133 CSR 19) is authorized.
Eng HB 5354 (x) The legislative rule filed in the State Register on December 20, 2016, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program), is authorized.
(p) The legislative rule filed in the State Register on July 24, 2023, relating to the Higher Education Policy Commission (West Virginia Science, Technology, Engineering, and Math (STEM) Scholarship Program, 133 CSR 28) is authorized.
(y) The legislative rule filed in the State Register on December 20, 2016, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence - PROMISE), is authorized.
(q) The legislative rule filed in the State Register on July 24, 2023, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program, 133 CSR 42) is authorized.
(z) The legislative rule filed in the State Register on December 20, 2016, relating to the Higher Education Policy Commission (Research Trust Fund Program), is authorized.
(r) The legislative rule filed in the State Register on July 24, 2023, relating to the Higher Education Policy Commission (Nursing Scholarship Program, 133 CSR 58) is authorized.
(aa) The legislative rule filed in the State Register on December 20, 2016, relating to the Higher Education Policy Commission (annual reauthorization of degree-granting institutions), is authorized.
(s) The legislative rule filed in the State Register on July 19, 2024, relating to the Higher Education Policy Commission (Accountability System, 133 CSR 03) is authorized.
(bb) The legislative rule filed in the State Register on January 16, 2018, relating to the Higher Education Policy Commission (Tuition and Fee Policy), is authorized.
(t) The legislative rule filed in the State Register on July 19, 2024, relating to the Higher Education Policy Commission (Underwood-Smith Teaching Scholars and Teacher Education Loan Repayment Program, 133 CSR 26) is authorized.
(cc) The legislative rule filed in the State Register on January 16, 2018, relating to the Higher Education Policy Commission (Human Resources Administration), is authorized.
(dd) The legislative rule filed in the State Register on January 22, 2018, relating to the Higher Education Policy Commission (Capital Project Management), is authorized, with the following amendments:
On page one, subsection 2.1, by striking out all of subdivision 2.1.d.
and inserting in lieu thereof a new subdivision 2.1.d., to read as follows:
"Efficient use of existing classroom and other space by institutions, while maintaining an appropriate deference to the value judgments of the institutional governing boards".;
On page seven, subsection 4.2, by striking out all of subdivision 4.2.d.5.
and inserting in lieu thereof a new subdivision 4.2.d.5., to read as follows:
"Funding will be prioritized for each institution in accordance with institutional plans confirmed by the Commission or approved by the Council.";
Eng HB 5354 On page seven, subsection 4.2, by striking out all of subdivision 4.2.d.6.
and inserting in lieu thereof a new subdivision 4.2.d.6., to read as follows:
 "Facility utilization rates will be an important factor in prioritizing capital projects across the systems.";
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On page seven, subsection 4.2, by striking out all of subdivision 4.2.d.7.
and inserting in lieu thereof a new subdivision 4.2.d.7., to read as follows:
"Institutions with overall net asset values and capacity utilization rates that exceed or equal thresholds set annually by the Commission and Council are the presumptive priority for new facilities.
 If these projects do not replace an existing facility, they would be included in the Program Improvement category.";
and On pages 10-11, section 5, by striking out all of subdivision 5.6.
and inserting in lieu thereof a new subdivision 5.6., to read as follows:
"A governing board may not implement a campus development plan or plan update that has not been confirmed by the Commission or approved by the Council, as appropriate.
 The purchase of any property for the construction of a facility that is not included in the campus development plan creates an update to the campus development plan that must be confirmed by the Commission or approved by the Council, as appropriate, prior to its purchase.
 In the case of institutions governed by the Council, this provision applies equally to property acquired by any means, whether by purchase or otherwise.".
(ee)(d) The legislative rule filed in the State Register on January 22, 2019, relating to the Higher Education Policy Commission (Acceptance of Advanced Placement Credit, 133 CSR 15), is repealed.
(ff)(e) The legislative rule filed in the State Register on January 22, 2019, relating to the Higher Education Policy Commission (Human Resources Administration, 133 CSR 53), is repealed.
(gg) The legislative rule filed in the State Register on August 28, 2018, relating to the Higher Education Policy Commission (Guidelines for Governing Boards in Employing and Evaluating Presidents), is authorized.
Eng HB 5354 (hh) The legislative rule filed in the State Register on August 7, 2018, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence (PROMISE) Scholarship Program), is authorized, with the following amendments:
On page one, subsection 2.1, by striking out all of subdivision 2.1.a.
and inserting in lieu thereof a new subdivision 2.1.a., to read as follows:
 "Must complete high school graduation requirements at a West Virginia public, private or home school unless he or she qualified as a military dependent under Section 5 of this rule, or has commuted to an out-of-state school pursuant to Section 6 of this rule;
and";
On page one, subsection 2.1, by striking out all of subdivision 2.1.b.
and inserting in lieu thereof a new subdivision 2.1.b., to read as follows:
 "Must complete at least one half of the credits required for high school graduation through attendance at a public, private or home school in this state, unless he or she qualified as a military dependent under Section 5 of this rule, or has commuted to an out-of-state school pursuant to Section 6 of this rule;
and";
On page one, subdivision 2.1.c., by striking out the words "Section 5" and inserting in lieu thereof the words "Section 4";
On page one, subsection 2.1, by striking out all of subdivision 2.1.d.
and inserting in lieu thereof a new subdivision 2.1.d., to read as follows:
 "Must have attained a cumulative grade point average of at least 3.0 on a 4.0 scale, based on county board grading policies, in both core courses and overall coursework required for graduation by the State Board of Education, while enrolled in a public or private high school.
If home-schooled pursuant to the exemption allowed by W.Va.
Code §18-8-1 as documented by the county school board system, the applicant must have completed in both the 11th and 12th grades the required core and elective coursework necessary to prepare students for success in postsecondary education at the associate and baccalaureate levels by attaining a cumulative grade point average of at least 3.0 on a 4.0 grading scale in both core courses and overall coursework as determined by the Commission;
and";
Eng HB 5354 On page one, subsection 2.1, subdivision 2.1.f., preceding the words "have resided in West Virginia", by striking out the word "Must" and inserting in lieu thereof the words "The applicant and his or her parent or legal guardian must" ;
On page one, subdivision 2.1.f., by striking out the words "Section 5" and inserting in lieu thereof the words "Section 4";
On page one, subdivision 2.1.f., by striking out the words "Section 6" and inserting in lieu thereof the words "Section 5";
On page two, subsection 2.4., by striking out the words "Section 10.7 or 10.8" and inserting in lieu thereof the words "Section 9.7 or 9.8";
On page two, subsection 2.5, by striking out the words "Section 8" and inserting in lieu thereof the words "Section 7";
On page two, subsection 2.5, by striking out the words "Section 10" and inserting in lieu thereof the words "Section 9";
On page two, by striking out all of section 3 and renumbering the remaining sections accordingly;
On page three, subsection 4.4, by striking out the words "Section 14" and inserting in lieu thereof the words "Section 13";
On page five-six, subsection 10.6, by striking out the words "Section 10.3" and inserting in lieu thereof the words "Section 9.3";
On page six, subsection 10.6, by striking out the words "Section 10.2" and inserting in lieu thereof the words "Section 9.2";
On page six, subsection 10.9.c., by striking out the words "Section 5" and inserting in lieu thereof the words "Section 4";
and On page eight, subsection 15.1.b, by striking out the words "Section 11.1" and inserting in lieu thereof the words "Section 10.1".
Eng HB 5354 (ii) The legislative rule filed in the State Register on September 30, 2019, relating to the Higher Education Policy Commission (Higher Education Accountability System) is authorized.
(jj) The legislative rule filed in the State Register on November 5, 2019, relating to the Higher Education Policy Commission (Underwood-Smith Teaching Scholars Program and Teacher Education Loan Repayment Program) is authorized.
(kk)(f) The legislative rule filed in the State Register on October 4, 2019, relating to the Higher Education Policy Commission (Accountability System, 133 CSR 49) is repealed.
(ll) The legislative rule filed in the State Register on July 29, 2020, relating to the Higher Education Policy Commission (Mental Health Loan Repayment Program) is authorized, with the following amendments:
On page one, subdivision 3.1.b., after the words "family therapist," by inserting the words "psychiatric mental health nurse practitioner,";
On page two, subsection 6.1., by striking out the words "at least" and inserting in lieu thereof the words "up to";
and On page three, subsection 9.1., after the words "family therapists" by inserting the words "psychiatric mental health nurse practitioners,".
(mm) The legislative rule filed in the State Register on March 11, 2021, relating to the Higher Education Policy Commission (Administrative Exemption) is authorized.
(nn) The legislative rule filed in the State Register on May 5, 2021, relating to the Higher Education Policy Commission (Research Trust Fund Program) is authorized.
(oo) The legislative rule filed in the State Register on May 5, 2021, relating to the Higher Education Policy Commission (Annual Reauthorization of Degree-Granting Institutions) is authorized.
(pp)(g) The legislative rule filed in the State Register on July 29, 2022, relating to the Higher Education Policy Commission (Performance-Based Funding Formula, 133 CSR 02) is authorized.
Eng HB 5354 (qq)(h) The legislative rule filed in the State Register on June 14, 2022, relating to the Higher Education Policy Commission (Capital Project Management, 133 CSR 12) is authorized.
(rr)(i) The legislative rule filed in the State Register on July 29, 2022, relating to the Higher Education Policy Commission (Tuition and Fee Policy, 133 CSR 32) is authorized.
(ss) The legislative rule filed in the State Register on June 14, 2022, relating to the Higher Education Policy Commission (Higher Education Grant Program) is authorized.
(tt)(j) The legislative rule filed in the State Register on July 29, 2022, relating to the Higher Education Policy Commission (Annual Reauthorization of Degree-Granting Institutions, 133 CSR 52) is authorized.
(uu)(k) The legislative rule filed in the State Register on June 14, 2022, relating to the Higher Education Policy Commission (Human Resources Administration, 133 CSR 55) is authorized.
(vv)(l) The legislative rule filed in the State Register on July 25, 2023, relating to the Higher Education Policy Commission (Guidelines for Employing and Evaluating Presidents, 133 CSR 05) is authorized.
(ww)(m) The legislative rule filed in the State Register on September 12, 2023, relating to the Higher Education Policy Commission (Higher Education Adult Part-Time Student (HEAPS) Grant Program, 133 CSR 06) is authorized.
(xx)(n) The legislative rule filed in the State Register on July 26, 2023, relating to the Higher Education Policy Commission (West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program, 133 CSR 07) is authorized.
(yy)(o) The legislative rule filed in the State Register on July 28, 2023, relating to the Higher Education Policy Commission (Dual Enrollment Pilot Program, 133 CSR 19) is authorized.
(zz)(p) The legislative rule filed in the State Register on July 24, 2023, relating to the Higher Education Policy Commission (West Virginia Science, Technology, Engineering, and Math (STEM) Scholarship Program, 133 CSR 28) is authorized.
Eng HB 5354 (aaa)(q) The legislative rule filed in the State Register on July 24, 2023, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program, 133 CSR 42) is authorized.
(bbb)(r) The legislative rule filed in the State Register on July 24, 2023, relating to the Higher Education Policy Commission (Nursing Scholarship Program, 133 CSR 58) is authorized.
(ccc)(s) The legislative rule filed in the State Register on July 19, 2024, relating to the Higher Education Policy Commission (Accountability System, 133 CSR 03) is authorized.
(ddd)(t) The legislative rule filed in the State Register on July 19, 2024, relating to the Higher Education Policy Commission (Underwood-Smith Teaching Scholars and Teacher Education Loan Repayment Program, 133 CSR 26) is authorized.
§18B-17-3.
Enr HB 5354 §18B-17-3.
(a) The legislative rule filed in the State Register on September 29, 2004, relating to the West Virginia Council for Community and Technical College Education (performance indicators), is authorized.
(a) The legislative rule filed in the State Register on September 26, 2018, relating to the West Virginia Council for Community and Technical College Education (Acceptance of Advanced Placement Credit, 135 CSR 15), is repealed.
Eng HB 5354 (b) The legislative rule filed in the State Register on October 13, 2005, relating to the West Virginia Council for Community and Technical College Education (authorization of degree-granting institutions), is authorized.
(b) The legislative rule filed in the State Register on April 27, 2021 (Business, Occupational, and Trade Schools, 135 CSR 35) is authorized.
(c) The legislative rule filed in the State Register on October 30, 2006, relating to the West Virginia Council for Community and Technical College Education (Workforce Development Initiative Program), is authorized.
(c) The legislative rule filed in the State Register on November 10, 2021 (West Virginia Invests Grant Program, 135 CSR 08) is authorized.
(d) The legislative rule filed in the State Register on December 4, 2008, relating to the West Virginia Council for Community and Technical College Education (Employing and Evaluating Presidents), is authorized.
(d) The legislative rule filed in the State Register on July 22, 2022 (Performance-Based Funding Formula, 135 CSR 02) is authorized.
(e) The legislative rule filed in the State Register on December 23, 2008, relating to the West Virginia Council for Community and Technical College Education (performance indicators), is authorized.
(e) The legislative rule filed in the State Register on June 13, 2022 (Capital Project Management, 135 CSR 12) is authorized.
(f) The legislative rule filed in the State Register on February 5, 2009, relating to the West Virginia Council for Community and Technical College Education (finance), is authorized.
(f) The legislative rule filed in the State Register on July 21, 2022 (Workforce Development Initiative Grant Programs, 135 CSR 27) is authorized.
(g) The legislative rule filed in the State Register on February 5, 2009, relating to the West Virginia Council for Community and Technical College Education (Accountability System), is authorized.
(g) The legislative rule filed in the State Register on July 21, 2022 (Annual Reauthorization of Degree-Granting Institutions, 135 CSR 52) is authorized, with the following amendment:
(h) The legislative rule filed in the State Register on June 15, 2011, relating to the West Virginia Council for Community and Technical College Education (Workforce Development Initiative Program), is authorized.
(i) The legislative rule filed in the State Register on October 26, 2011, relating to the West Virginia Council for Community and Technical College Education (Tuition and Fees), is authorized.
(j) The legislative rule filed in the State Register on October 17, 2012, relating to the West Virginia Council for Community and Technical College Education (authorization of degree-granting institutions), is authorized.
Eng HB 5354 (k) The legislative rule filed in the State Register on October 17, 2012, relating to the West Virginia Council for Community and Technical College Education (annual reauthorization of degree-granting institutions), is authorized.
(l) The legislative rule filed in the State Register on March 21, 2013, relating to the West Virginia Council for Community and Technical College Education (Human Resources Administration), is authorized.
(m) The legislative rule filed in the State Register on August 21, 2012, relating to the West Virginia Council for Community and Technical College Education (West Virginia EDGE Program), is authorized.
(n) The legislative rule filed in the State Register on January 28, 2014, relating to the West Virginia Council for Community and Technical College Education (Capital Project Management), is authorized.
(o) The legislative rule filed in the State Register on January 18, 2017, relating to the West Virginia Council for Community and Technical College Education (annual reauthorization of degree-granting institutions), is authorized.
(p) The legislative rule filed in the State Register on January 18, 2017, relating to the West Virginia Council for Community and Technical College Education (Business, Occupational, and Trade Schools), is authorized.
(q) The legislative rule filed in the State Register on January 26, 2018, relating to the West Virginia Council for Community and Technical College Education (Human Resources Administration), is authorized.
(r) The legislative rule filed in the State Register on January 26, 2018, relating to the West Virginia Council for Community and Technical College Education (Capital Project Management), is authorized, with the following amendments:
On page one, subsection 2.1, by striking out all of subdivision 2.1.d.
and inserting in lieu thereof a new subdivision 2.1.d., to read as follows:
"Efficient use of existing classroom and other Eng HB 5354 space by institutions, while maintaining an appropriate deference to the value judgments of the institutional governing boards.";
On page seven, subsection 4.2, by striking out all of subdivision 4.2.d.5.
and inserting in lieu thereof a new subdivision 4.2.d.5., to read as follows:
"Funding will be prioritized for each institution in accordance with institutional plans confirmed by the Commission or approved by the Council.";
On page seven, subsection 4.2, by striking out all of subdivision 4.2.d.6.
and inserting in lieu thereof a new subdivision 4.2.d.6., to read as follows:
"Facility utilization rates will be an important factor in prioritizing capital projects across the systems.";
On page seven, subsection 4.2, by striking out all of subdivision 4.2.d.7.
and inserting in lieu thereof a new subdivision 4.2.d.7., to read as follows: "Institutions with overall net asset values and capacity utilization rates that exceed or equal thresholds set annually by the Commission and Council are the presumptive priority for new facilities.
 If these projects do not replace an existing facility, they would be included in the Program Improvement category.";
and On pages 10-11, section 5, by striking out all of subdivision 5.6.
and inserting in lieu thereof a new subdivision 5.6., to read as follows:
"A governing board may not implement a campus development plan or plan update that has not been confirmed by the Commission or approved by the Council, as appropriate.
 The purchase of any property for the construction of a facility that is not included in the campus development plan creates an update to the campus development plan that must be confirmed by the Commission or approved by the Council, as appropriate, prior to its purchase.
 In the case of institutions governed by the Council, this provision applies equally to property acquired by any means, whether by purchase or otherwise.".
(s) The legislative rule filed in the State Register on July 2, 2018, relating to the West Virginia Council for Community and Technical College Education (Tuition and Fees), is authorized.
Eng HB 5354 (t)(a) The legislative rule filed in the State Register on September 26, 2018, relating to the West Virginia Council for Community and Technical College Education (Acceptance of Advanced Placement Credit, 135 CSR 15), is repealed.
(u) The legislative rule filed in the State Register on November 20, 2018, relating to the West Virginia Council for Community and Technical College Education (initial authorization of degree-granting institutions), is authorized.
(v) The legislative rule filed in the State Register on November 20, 2018, relating to the West Virginia Council for Community and Technical College Education (Workforce Development:
Learn and Earn, Technical Program Development, and West Virginia Advance Rapid Response Grants), is authorized.
(w) The legislative rule filed in the State Register on January 25, 2019, relating to the West Virginia Council for Community and Technical College Education (Human Resources Administration), is repealed.
(x) The legislative rule filed in the State Register on June 3, 2019, relating to the West Virginia Council for Community and Technical College Education (West Virginia Invests Grant Program) is authorized.
(y)(b) The legislative rule filed in the State Register on April 27, 2021 (Business, Occupational, and Trade Schools, 135 CSR 35) is authorized.
(z) The legislative rule filed in the State Register on April 27, 2021 (Annual Reauthorization of Degree-Granting Institutions) is authorized.
(aa)(c) The legislative rule filed in the State Register on November 10, 2021 (West Virginia Invests Grant Program, 135 CSR 08) is authorized.
(bb)(d) The legislative rule filed in the State Register on July 22, 2022 (Performance-Based Funding Formula, 135 CSR 02) is authorized.
(cc)(e) The legislative rule filed in the State Register on June 13, 2022 (Capital Project Management, 135 CSR 12) is authorized.
Eng HB 5354 (dd)(f) The legislative rule filed in the State Register on July 21, 2022 (Workforce Development Initiative Grant Programs, 135 CSR 27) is authorized.
(ee)(g) The legislative rule filed in the State Register on July 21, 2022 (Annual Reauthorization of Degree-Granting Institutions, 135 CSR 52) is authorized, with the following amendment:
(ff)(h) The legislative rule filed in the State Register on June 13, 2022 (Human Resources Administration, 135 CSR 55) is authorized.
(h) The legislative rule filed in the State Register on June 13, 2022 (Human Resources Administration, 135 CSR 55) is authorized.
(gg)(i) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Higher Education Accountability System, 135 CSR 06) is authorized.
(i) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Higher Education Accountability System, 135 CSR 06) is authorized.
(hh)(j) The legislative rule filed in the State Register on September 14, 2023, relating to the Council for Community and Technical College Education (Dual Enrollment Pilot Program, 135 CSR 19) is authorized.
Enr HB 5354 (j) The legislative rule filed in the State Register on September 14, 2023, relating to the Council for Community and Technical College Education (Dual Enrollment Pilot Program, 135 CSR 19) is authorized.
(ii)(k) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Initial Authorization of Degree-Granting Institutions, 135 CSR 20) is authorized.
(k) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Initial Authorization of Degree-Granting Institutions, 135 CSR 20) is authorized.
(jj)(l) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Tuition and Fees, 135 CSR 32) is authorized.
(l) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Tuition and Fees, 135 CSR 32) is authorized.
(kk)(m) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Accountability System, 135 CSR 49) is repealed.
(m) The legislative rule filed in the State Register on July 26, 2023, relating to the Council for Community and Technical College Education (Accountability System, 135 CSR 49) is repealed.
Eng HB 5354 (ll)(n) The legislative rule filed in the State Register on July 25, 2024, relating to the Council for Community and Technical College Education (Employing and Evaluating Presidents, 135 CSR 05) is authorized.
(n) The legislative rule filed in the State Register on July 25, 2024, relating to the Council for Community and Technical College Education (Employing and Evaluating Presidents, 135 CSR 05) is authorized.
16
Enr HB 5354 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 from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 7
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Action History

  1. Filed for introduction

  2. To Education

  3. Introduced in House

  4. To House Education

  5. Markup Discussion

  6. Do pass

  7. On 1st reading, Special Calendar

  8. Read 1st time

  9. On 2nd reading, Special Calendar

  10. Read 2nd time

  11. On 3rd reading, Special Calendar

  12. Read 3rd time

  13. Passed House (Roll No. 243)

  14. Communicated to Senate

  15. Introduced in Senate

  16. To Education

  17. To Education

  18. Reported do pass

  19. On 1st reading

  20. Read 1st time

  21. On 2nd reading

  22. Laid over on 2nd reading 3/9/2026

  23. Read 2nd time

  24. On 3rd reading

  25. Read 3rd time

  26. Passed Senate (Roll No. 468)

  27. Effective from passage (Roll No. 469)

  28. Senate requests House to concur in changed effective date

  29. House received Senate message

  30. Effective from passage (Roll No. 503)

  31. Communicated to Senate

  32. Completed legislative action

  33. House Message received

  34. To Governor 3/18/2026 - Senate Journal

  35. To Governor 3/18/2026

  36. Approved by Governor 4/1/2026 - Senate Journal

  37. Approved by Governor 4/1/2026 - House Journal

  38. Approved by Governor 4/1/2026

  39. Chapter 222, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

EFFECT FROM PASSAGE

Passed 94 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 83203
Democrat 9000
Unaffiliated 2000
Total 94203
% of votes cast 95%2%0%3%
How each member voted (99)
Member Party Vote
Flanigan — Yea
Linville — Yea
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Bell Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Not Voting
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Gregory A. Watt Republican Yea
Guy Ward Republican Yea
Henry Dillon Republican Nay
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Jordan Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Not Voting
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Not Voting
S. Chris Anders Republican Nay
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Roll Call

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Democrat 4000
Unaffiliated 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5354 do?
Relating to authorizing legislative rules regarding higher education
Who sponsors HB 5354?
HB 5354 is sponsored by Joe Statler (Republican) and Christopher W. Toney (Republican).
What is the current status of HB 5354?
This bill has been enacted into law. Introduced February 09, 2026. Enacted.
Where can I track HB 5354?
Track HB 5354 free on One Click Politics — get push/email alerts when it moves.

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