West Virginia 2026 Session Status: Enacted 2 R cosponsors

HB 5438 — To modify the foundation allowance to improve instructional programs.

Last action — Chapter 128, 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 11, 2026. Enacted.

Odds of enactment

High chance

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

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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

The bill modifies funding for instructional programs in education.

This bill aims to change the foundation allowance to enhance educational instructional programs. The modifications are intended to improve the quality of education provided.

What this means for you
  • Families: This means families may see improvements in the quality of education available to their children.

Summary

To modify the foundation allowance to improve instructional programs.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The amendment to Bill HB 5438 removed a section entirely and added specific provisions for training teachers in the science of reading for grades K-5. This change is important because it emphasizes the need for educators to receive specialized training, which can enhance reading instruction and ultimately improve student literacy outcomes in early education. The revisions also ensure that funding can be used more flexibly for educational initiatives and support better management of resources within schools.

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Previous
Latest
HB5438 HFAT McGeehan 3-14White 3336 Delegate McGeehan moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:H.
HB5438 AM #1 3-14White  3336 Delegate McGeehan moved to amend the bill, as amended by the Senate, by striking out §18A-9A-4 in its entirety;
B.
AndOn page 5, section 10, line 97, after the word “initiatives”, by inserting the following:“to provide and promote training in the science of reading as defined in 18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers,”AndOn page 5, section 10, line 101, after the word “initiatives”, by inserting the following:
5438 -- “A BILL to amend and reenact §18-9A-10 of the Code of West Virginia, 1931, as amended, relating to modifying the foundation allowance to improve instructional programs;
“including training in the science of reading as defined in §18-2E-10(c) of this code for kindergarten through fifth grade classroom teachers.”  AdoptedRejected
relating to the implementation and funding of a replacement uniform budgeting and accounting system;
providing for the Governor to include in each budget for the reappropriation for expenditure during the ensuing fiscal year the unused accumulated balance remaining with the Department of Education to continue initiatives;
providing funding to support the full implementation of the Third Grade Success Act;
providing for the Department of Education to reduce retained funding by the unused accumulated balance;
and providing that county boards of education may utilize up to 50% of the allocation for teacher and leader induction in any school year for the purpose of funding projects identified in the Safe Schools Fund”;    AdoptedRejected 
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Action History

  1. Filed for introduction

  2. To Education then Finance

  3. Introduced in House

  4. To House Education

  5. Markup Discussion

  6. By substitute, do pass, but first to Finance

  7. To House Finance

  8. Do pass

  9. On 1st reading, Special Calendar

  10. Read 1st time

  11. On 2nd reading, Special Calendar

  12. Read 2nd time

  13. On 3rd reading, Special Calendar

  14. Read 3rd time

  15. Passed House (Roll No. 312)

  16. Communicated to Senate

  17. Introduced in Senate

  18. To Education then Finance

  19. To Education

  20. Reported do pass, with amendments, but first to Finance

  21. To Finance

  22. Reported do pass, as amended by Education

  23. Immediate consideration

  24. Read 1st time

  25. On 2nd reading

  26. Read 2nd time

  27. Committee amendments adopted (Voice vote)

  28. Floor amendment adopted (Voice vote)

  29. On 3rd reading

  30. Deferred until foot of 3rd reading

  31. Read 3rd time

  32. Passed Senate (Roll No. 590)

  33. Title amendment adopted

  34. Effective July 1, 2026 (Roll No. 591)

  35. Senate requests House to concur

  36. House received Senate message

  37. House concurred in Senate amendment with amendment (Roll No. 685)

  38. Effective July 1, 2026 (Roll No. 686)

  39. Communicated to Senate

  40. House Message received

  41. Senate concurred in House amendments and passed bill (Roll No. 713)

  42. Effective July 1, 2026 (Roll No. 714)

  43. Communicated to House

  44. Completed legislative action

  45. To Governor 3/25/26

  46. To Governor 3/25/2026 - Senate Journal

  47. Approved by Governor 3/27/2026

  48. Approved by Governor 3/27/2026 - House Journal

  49. Approved by Governor 3/27/2026 - Senate Journal

  50. Chapter 128, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

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

Roll Call

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 20001
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ROSE — Yea
BARNHART — Yea
RUCKER — Yea
JEFFRIES — Yea
TAKUBO — Yea
MARTIN — Yea
TARR — Yea
MAYNARD, M — Yea
TAYLOR — Yea
MORRIS — Yea
WELD — Yea
OLIVERIO — Yea
WILLIS — Yea
PHILLIPS — Yea
WOELFEL — Not Voting
GARCIA — Yea
QUEEN — Yea
WOODRUM — Yea
ROBERTS — Yea
MR PRESIDENT — Yea
HAMILTON — Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Jason Barrett Republican Yea
Laura Wakim Chapman Republican Yea
Mike Azinger Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Vince Deeds Republican Yea
Zack Maynard Republican Yea

Official roll call →

Roll Call

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 20001
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ROSE — Not Voting
BARNHART — Yea
RUCKER — Yea
JEFFRIES — Yea
TAKUBO — Yea
MARTIN — Yea
TARR — Yea
MAYNARD, M — Yea
TAYLOR — Yea
MORRIS — Yea
WELD — Yea
OLIVERIO — Yea
WILLIS — Yea
PHILLIPS — Yea
WOELFEL — Yea
GARCIA — Yea
QUEEN — Yea
WOODRUM — Yea
ROBERTS — Yea
MR PRESIDENT — Yea
HAMILTON — Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Jason Barrett Republican Yea
Laura Wakim Chapman Republican Yea
Mike Azinger Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Vince Deeds Republican Yea
Zack Maynard 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 5438 do?
To modify the foundation allowance to improve instructional programs.
Who sponsors HB 5438?
HB 5438 is sponsored by Christopher W. Toney (Republican) and Joe Statler (Republican).
What is the current status of HB 5438?
This bill has been enacted into law. Introduced February 11, 2026. Enacted.
Where can I track HB 5438?
Track HB 5438 free on One Click Politics — get push/email alerts when it moves.

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