SB 392 would slash $125-250 million in revenue from the state budget annually to provide an additional round of personal income tax cuts, two-thirds of which would go to the top 20% wealthiest households in West Virginia.
SB 392 moves the goalposts, overriding the trigger system put into place to only reduce the state’s income tax when revenue indicators are met and our budget is appropriately funded. While tax cuts are popular when public services are fully funded and money is left over, this proposal would come at the cost of a number of needs facing West Virginia children, families, workers, and businesses.
The state needs to appropriately fund K-12 education, health care, infrastructure, and child welfare before slashing more revenues that fund these vital services that support family well-being, make life more affordable, and are vital to growing our population and economy.
Join us in urging our state lawmakers to reject SB 392 and to invest those funds into a budget that truly supports Mountain State children and families. You can use this form to send them a message.
Earlier this week, a coalition of education, health care, faith-based, and child-focused organizations gathered at the Capitol to deliver a clear message to our lawmakers: West Virginians deserve investment in people, care, and public infrastructure, not reckless tax cuts that favor the wealthiest few and industry special interests. The coalition stood united in opposition to the latest budget proposals advanced by state lawmakers, which prioritize tax cuts for the wealthy and the coal industry while failing to address critical needs in public services. You can watch a recording of the coalition’s remarks here.
Abortion was banned in West Virginia several years ago, but lawmakers continue to introduce cruel, harmful bills that punish people seeking care. We’re not standing by while they try to strip away our rights.
Join us TODAY at the Capitol for Reproductive Rights Resistance Day—a full day to fight back, learn how to protect one another, and celebrate the resilience of West Virginians.
Learn more and find the itinerary for the day here.
The state budget is the single most important piece of legislation enacted each year—and the only bill lawmakers are constitutionally required to pass. State legislators must use the final week of the legislative session to ensure the budget process is as transparent as possible, fully fund critical safety net programs, and protect state revenues in the face of upcoming budget gaps and federal funding uncertainty.
Publicly Negotiate a Compromise Budget
After a flurry of movement in late February with the House and Senate passing dramatically different versions of the budget, there has been no public-facing action for a full week.
According to the West Virginia Legislature’s website, “if changes are made in a bill by the second chamber, it must be sent back to the first chamber for its concurrence. If the first chamber does not agree and the second chamber refuses to remove the changes it made, a conference committee with an equal number of representatives from both chambers is appointed… to work on differences in the bill.”
It seems likely the process of concurrence and refusal regarding the budget is taking place behind closed doors rather than in the way prescribed by the formal legislative process. West Virginians deserve transparency around the budget negotiations influencing the public services that touch all of our lives and would be better served by a negotiation process that allows us to have knowledge of what is transpiring. Legislative leadership should appoint a conference committee that meets publicly to negotiate a compromise budget.
Fully Fund SNAP and Medicaid in the Base Budget
SNAP and Medicaid are two programs that are vitally important for West Virginia families and the state economy. Last summer, Congress passed HR 1 (One Big Beautiful Bill Act), which made dramatic changes to eligibility for both programs and shifted once-federal costs onto state budgets. West Virginia lawmakers should prioritize filling the funding gaps created by Congress in order to protect these programs for the many West Virginians who rely on them and the broader economy.
As a result of HR 1, West Virginia is now responsible for a higher share of the administrative costs to run the SNAP program, which increased from 50 percent to 75 percent, or roughly $15-18 million per year in additional costs.
While the governor’s and the Senate’s budgets included the necessary additional funding for the higher administrative cost share, the House’s budget did not. If these funds are not included in the final budget, the SNAP agency will face staffing and capacity cuts at the most inopportune time possible—just as they are implementing new eligibility restrictions and changes as a result of HR 1 and when the state is on the hook for a higher SNAP benefit share if its error rate increases. SNAP worker caseloads are correlated with error rates, so any cut in the SNAP administrative budget is likely to cost the state budget more next year through a higher SNAP benefit share.
Medicaid provides health coverage to around 500,000 West Virginians, helps rural hospitals and health care providers keep their doors open, and provides critical state and federal funds that directly support tens of thousands of jobs in the health care sector and beyond. Governor Morrisey’s budget fully funds Medicaid to FY 2026 levels, while the House budget cuts Medicaid fairly significantly, and the Senate budget utilizes lottery and provider tax funding to make the Medicaid budget whole.
While we were disappointed to see the governor’s budget fund a large chunk of ongoing Medicaid costs with surplus dollars, that is superior to the House’s budget which underfunds Medicaid by more than $94 million outright. Cutting state Medicaid dollars would result in the state forfeiting an approximately 3:1 federal match, so the program would see losses or cuts closer to $400 million if that funding is not restored in the compromise budget.
A strong budget would fully fund these priorities in the base budget and not rely on surplus dollars.
Reject Tax Cuts that Erode State Revenues in the Face of Upcoming Budget Gaps and Federal Funding Uncertainty
Governor Morrisey’s six-year plan shows that the state faces a $200 million budget gap in FY 2028, growing to over $400 million by FY 2031 when comparing current budget obligations and revenue projections. That concerning reality should halt legislators from considering any tax cuts that would further erode state revenues.
But instead, the Senate has passed a $250 million personal income tax cut alongside a tax credit for coal that will cost millions of dollars in additional revenue annually. Taken together, these bills would push the FY 2028 budget gap to well above $300 million.
Similarly, the House is now considering the $250 million personal income tax cut alongside legislation to reduce the coal severance tax that would cost tens of millions of dollars annually upon full implementation.
West Virginia’s budget landscape is even more dire than what is reflected above, as the Morrisey administration’s six-year financial plan does not account for some of the coming federal cost shifts from HR 1. In FY 2028, West Virginia could be responsible for a percentage of the SNAP benefit cost, which could be as high as $84 million annually based on its error rate. Additionally, the provider tax phase-down from HR 1 will mean the state will lose tens of millions of dollars annually in provider tax revenue that either will need to be made up through the state budget or will result in major cuts to Medicaid.
From the governor’s own FY 2027 Executive Budget Six-year Financial Plan, “Using this plan, it is easy to see where the projected expenditures outpace revenues beginning in FY 2028, and it becomes obvious that any surplus revenues from upcoming fiscal years should not be expended for items that would add more obligations to the ‘base budget’ but rather should be cautiously used for one-time needs or held for use to assist in offsetting future shortfalls.”
West Virginia is in clear danger of cementing a structural budget gap, where ongoing budget costs do not fit within the general revenue estimates. The budget as it exists now falls far short of meeting recommended funding levels for public schools, child care, child welfare, and infrastructure and water needs.
If lawmakers proceed with recklessly enacting large, permanent tax cuts this year, they will make it all but impossible to make much-needed investments in SNAP, Medicaid, child welfare, our public schools, infrastructure, and a number of other pressing issues in the Mountain State.
Read Kelly’s full blog post.
SB 137 would increase the penalty on second degree homicide, first degree homicide, and voluntary manslaughter. This bill would cost the taxpayers half a million dollars for every person sentenced, increase the aging prison population, and take West Virginia in the wrong direction.
Longer sentences over time have led to an older prison population. In 2002, 1 in 8 people in prison were age 50 or older. By 2025, people over 50 were 1 in 3 people in prison. To meet their needs, state prisons have spent millions on hospice and dementia units, while the state spends more each year on prison medical services.
SB 137 will not prevent harm, but it will increase how much taxpayers have to pay. Take action today and use this form to urge lawmakers to oppose SB 137.
Check out this recent article detailing community pushback to SB 137 and this recent op-ed highlighting how the WV Legislature frequently finds funds to punish West Virginians, but not funds to help them.
Last week, the House Finance committee originated legislation to reduce the state’s severance tax on metallurgical coal (coal used for the production of steel) by 30 percent, from 5 percent to 3.5 percent over the next three years. While the bill was advanced by the committee without a fiscal note, testimony during the debate suggested that the tax cut would cost the state $15 million in its first year, and a total of $180 million over five years. The proposed tax cut would be costly for the state in lost revenue–especially amid increasing needs in public education, infrastructure, and other budget priorities–but it would likely do little to increase coal production and mining employment in West Virginia.
While initially proposed as a temporary rate cut to the coal severance tax, an amendment in the House Finance committee makes the coal severance tax reduction permanent once phased in. According to the Morrisey administration, West Virginia already faces significant budget deficits in upcoming years which would be worsened if this legislation goes into effect.
There are a number of factors at play affecting West Virginia’s metallurgical coal industry that offering a severance tax break simply won’t overcome, including global competition from China, Australia, and India, as well as retaliatory tariffs from China in response to tariffs enacted by the Trump administration, which have hurt metallurgical coal exports.
Given those global factors affecting the industry, there is little evidence that severance taxes play a significant role in determining production and employment. Instead, reserve location, market demand, and logistics all play a much greater part in driving production and employment. When the West Virginia Bureau of Business and Economic Research (BBER) studied the impact of government incentives to increase coal production and employment, including reductions in the severance tax, they found that cutting the severance tax would only result in minor increases in production.
One reason for the ineffectiveness of severance tax cuts is the volatility of metallurgical coal prices. Over the past decade metallurgical coal export prices have ranged from $68.4 per ton to $334.1 per ton. A 5 percent severance tax is minor compared to the considerable swings metallurgical coal prices experience. For example, in 2019, pre-pandemic metallurgical coal prices averaged $133.5 per ton, with a total of 70.7 million tons produced. In 2024, the average price had increased to $173.3 per ton, but production remained flat, at 71.5 million tons. While prices changed by nearly 30 percent, production remained the same. Even a full 5 percent reduction in the severance tax during this time would have made little difference.
It is worth nothing that metallurgical coal already enjoys a substantial tax break in West Virginia. “Thin-seam” coal refers to coal deriving from seams less than 45 inches, and much thin-seam coal in the state is metallurgical. Coal from seams less than 45 inches qualifies for a reduced severance tax rate, with a rate of 2 percent for coal mined from seams between 37 and 45 inches, and a rate of 1 percent for coal mined from seams less than 37 inches. The special tax break for thin-seam coal totaled $84 million in 2022.
The severance tax is one of the most effective ways to ensure West Virginia benefits from its natural resource wealth. As a low-income state that is rich in natural resources, the revenue collected through the severance tax on resources like metallurgical coal plays an important role in funding education, health care, infrastructure, and other essential services provided at both the state and local levels. Cutting the tax in a misguided attempt to incentivize production will only hurt the state’s ability to make those investments in our state and its people.
Read Sean’s full blog post.
HB 4005 would eliminate state rules that define which jobs are too dangerous for teenagers and remove requirements for direct supervision when children work with hazardous machinery.
West Virginia already allows 16- and 17-year-olds to develop real workforce skills through approved Youth Apprenticeship Programs—programs that work precisely because they include proper safeguards. HB 4005 isn’t about expanding opportunity. It’s about removing protections that keep young workers safe. The bill surrenders West Virginia’s authority to determine what protections teenagers need on the job to protect them from injury and death.
This bill is part of a nationwide effort to weaken child labor laws at the state level. The consequences are serious: teens are more likely than adults to be injured or killed on the job, and child labor violations have increased across the country as these protections have eroded.
Federal rules are not a substitute for state standards—they don’t apply to all employers the way our state rules do, and they’re also under attack. West Virginia needs to maintain its own strong protections.
Please contact your lawmakers today. Use this form to urge them to protect children and vote NO on HB 4005!
Learn more about HB 4005 in our fact sheet here.
In 2017, the West Virginia Department of Health and Human Resources (DHHR) launched a three-year pilot program that screened drug use among recipients of Temporary Assistance for Needy Families (TANF). Otherwise known as WV WORKS, TANF provides cash assistance to low-income families and helps with child care, skills training, and job searching. HB 5582 makes the pilot program a permanent fixture in TANF despite the state’s own data demonstrating that the program has failed to meet its original goals of helping applicants access treatment and recovery.
Extending drug screening across the program is an egregious policy choice that has negative implications reaching beyond the scope of its intent, especially as West Virginia continues to grapple with an enduring substance use epidemic. TANF already has strict requirements and time limits in place, one of which is that recipients can only be enrolled for 60 months in their lifetime. Funding for TANF has been frozen since 1997 and inflation has reduced its value by over 50 percent; unsurprisingly, the program has been steadily shrinking for at least the past decade.
Drug screening and testing in TANF has proven ineffective in West Virginia. There are no returns on such an investment — not to taxpayers, the state, nor, most importantly, TANF enrollees. Between 2017 and 2025, 22,700 drug use questionnaires have been issued, with fewer than one percent resulting in positive tests. Of the 22,700 people who completed drug use questionnaires, 2,218 were referred for testing and only 209 had positive test results.
Rendering benefits contingent on passing a drug test for individuals otherwise eligible for cash assistance does not meaningfully address substance use problems. Instead, it does quite the opposite — drug screening creates barriers for those who may otherwise seek treatment and support. Those who fear losing their benefits or custody of their children may be less likely to disclose their substance use, making treatment less accessible. In the eight years since the program’s implementation, only one person has successfully gone through a drug treatment program that allowed them to keep their benefits. This highlights the inefficacy of the program, as its primary goal was to connect TANF enrollees with meaningful support; expanding it will shift resources that could otherwise go toward improving quality of life for enrollees to something that actively hinders it.
In 2019, West Virginia spent just roughly 22 percent of TANF dollars on basic assistance, a proportion that has shrunk significantly over the past several decades, reducing the reach of the program to families in need. As West Virginia continues to look for ways to address its addiction and substance use rates, such policies ultimately penalize individuals for systemic problems.
In a state already facing budget challenges, dedicating resources to an initiative that further stigmatizes individuals with low incomes—while worsening their material conditions—contradicts the core mission of TANF and other social programs, as well as best practices for public health. Rather than punishing TANF recipients by extending the drug screening program, West Virginia must recommit to providing basic assistance to families. Redirecting funds toward these initiatives would better serve low-income families and help create a healthier West Virginia.
Read Rhonda’s full blog post.
Contact your lawmakers today and tell them to vote no on HB 5582. You can send them a letter using this link.
Public education is designed to give every child regardless of socioeconomic status a true chance to improve their lot in life and achieve success. Horace Mann famously called public education the “great equalizer of the conditions of men.” And founding father John Adams said education was so important that “no expense…would be too extravagant.”
West Virginia’s founders seemed to agree with Mann and Adams on the importance of public education to such an extent that they enshrined in our state constitution the responsibility of the Legislature to provide a “thorough and efficient system of free schools.”
The vehicle for this great equalizing force is the public school system, because it serves all students in every corner of the state regardless of disability, religion, socioeconomic status, or family background. Right now, West Virginia’s constitutional promise is falling short, not due to the public school system’s own failure but due to years of neglect from state legislators. For several years, state lawmakers have focused almost exclusively on school choice, or educational options outside of the public school system, to the detriment of the more than 85 percent of children who receive their education in public schools and will continue to do so regardless of choice options.
In recent years, lawmakers have prioritized establishing charter schools and passing the Hope Scholarship voucher program that allows public taxpayer dollars to go to private schools and homeschooling costs. Because the Hope Scholarship was structured as an open-ended entitlement, it has grown automatically and exponentially—doubling in cost year over year since its creation—without any caps or guardrails unless lawmakers choose to intervene. That automatic growth has meant that urgent needs in our public schools have taken a backseat.
The Hope Scholarship and charter schools are not a substitute for a strong public education system. The private schools that accept vouchers are not required to accept all applicants; provide transportation, books, or meals; or provide special education services. In fact, parents who sign up for the Hope Scholarship are required to acknowledge they are giving up their federal disability protections. Not every household can or wants to home school. Charter schools are not available in every county and are also not required to provide transportation or certified teachers. Public schools, on the other hand, serve all and are subject to numerous accountability and transparency measures.
The Treasurer’s office has conceded that 90 percent of the recipients of the Hope Scholarship were never in the public school system to begin with and would have chosen private schooling or home schooling regardless of the existence of the voucher program. Put another way, the Hope Scholarship is providing choice to very few families, while mostly subsidizing those who already had it. One hundred percent of the program’s expansion in the state budget—which will increase the cost by $150 million or more next year—will go to recipients already attending private school or home school.
Every budget and policy decision represents a tradeoff. Is that $150 million best served subsidizing those who could already afford private schooling? Or ensuring the public education system, accessible to all, is well-funded to serve the vast majority of our state’s children? It is clear that only the latter serves our founders’ vision of education as the great equalizer.
Read Kelly’s full op-ed.
Watch Tamaya’s quick explainer video highlighting what you need to know about the Hope Scholarship voucher program and how it impacts funding for public schools.
Overview
The right to an equitable public education is codified in both federal and state law. Despite this, in reality, every student is not able to exercise that right equally in West Virginia. Black students face bias and discrimination that impact their experience, performance, and achievement in K-12 education and beyond.
Every child deserves high-quality educational opportunities in safe and supportive environments. Through policy and systems-level change, West Virginia can create more equitable public schools to better support Black students.
Identity and Culture in the Classroom
Last year, legislators passed SB 474, a bill to eliminate diversity, equity, and inclusion (DEI) programs. This bill aims to restrict classroom instruction, particularly related to race. This year legislators considered another bill, SB 591, which builds on SB 474 by prohibiting the teaching of “divisive concepts” and “critical race theory” in public schools. While “critical race theory” is not taught in K-12 schools, this bill represents another attempt to minimize the relevance of race to education. Each of these bills minimizes the importance of identity and culture, as well as the real world impact of historical and present-day bias and discrimination on students.
Disparities in School Discipline
One clear present-day impact of bias and discrimination on Black students is reflected in school discipline patterns. Black students are more likely than their peers to be punished in school. Last school year, Black students made up about four percent of the student population but accounted for a disproportionate share of disciplinary actions taken by schools. In several instances, Black students actually accounted for more than double their share of the student population for disciplinary actions like warnings, loss of privileges, parent involvement, referral for services, supportive interventions, detention, exclusion from the classroom, in-school suspension, out-of-school suspension, and expulsion. The difference in how these disciplinary actions are applied to different student groups can’t be explained by “worse” behavior among these students. Rather, these disparities indicate a systemic flaw in how public schools approach student behavior, particularly among Black students. This approach to student behavior also contributes to harmful outcomes for students such as increased law enforcement interaction and worse academic performance while leaving the root causes of behavioral issues unaddressed.
In recent years, school discipline and student behavior has been a focus of state education policy. However, much of this policy, like 2023’s HB 2890, has promoted the use of exclusionary disciplinary actions like detention, suspension, and expulsion. Holistic approaches such as engaging mental health professionals like school social workers and psychologists in behavioral interventions and considering students’ physical, social, emotional, and mental health in disciplinary decisions can better manage and prevent behavioral issues among students.
Gaps in Student Achievement and Opportunity
Racial disparities persist in student academic achievement. We can observe clear disparities in how students perform in statewide assessments across several subjects; in math, reading, and science, Black students had lower rates of proficiency compared to the overall student population. This extends beyond academic achievement to opportunities in K-12 education and further into the future. Statewide, Black students graduate high school at a rate of about 90 percent compared to 93 percent for all students. High school graduation is a common requirement for employment, advanced training, or additional education.
Black students in West Virginia also attend college, university, or career technical/ vocational school after high school graduation at a lower rate. Forty-two out of every 100 Black students attend college immediately after high school graduation compared to 47 out of every 100 students overall. This gap in student achievement and opportunity cannot be explained by differences in student ability or intelligence. It is yet another symptom of the larger issue of inequitable education and opportunity for Black students.
Representation in the Education Workforce
In 2020, 97 percent of public school teachers and almost 94 percent of public school principals in the state were white. Research suggests that having same-race teachers can improve education outcomes for Black students. Having same-race teachers can lower rates of suspension, expulsion, and dropout for Black students. It is also associated with higher test scores for Black students. By employing more Black educators and administrators we can build a more diverse and culturally competent education workforce to better support students, mitigate the harms of inequitably applied school discipline, and contribute to students’ academic achievement.
Conclusion
All students deserve high-quality educational opportunities in school settings that are both safe and supportive. To achieve a more equitable system of public education in the Mountain State overall we need to:
Read Tamaya’s full blog post.
Check out this recent report from our colleagues at the Center on Budget and Policy Priorities (CBPP) providing guidance to state and local policymakers as they navigate the consequences of HR 1 (One Big Beautiful Bill Act) passed by Congress this past summer. Excerpt below:
State and local policymakers nationwide are facing a one-two punch entering 2026. For one, last summer’s harmful Republican megabill paired enormous tax breaks for wealthy households and corporations with historically deep cuts that will take away people’s vital health care and food assistance, all while foisting considerable new costs and responsibilities onto states and localities. The resulting damage to people and communities is expected to be significant. And it comes at a time when many states are also facing intensifying budget pressures from the second threat: their own recent policy choices, like widespread income tax cuts, costly private school voucher programs, and a growing trend of property tax cuts and caps.
This combination of significant new costs and existing fiscal strain could worsen over coming years as state and federal policies continue to phase in. Unless states and localities respond with policies that protect and raise revenue, they will have little choice but to enact steep cuts not just to health care and food assistance, but also to a broad set of public services including education, housing, child care, and infrastructure.
Policymakers in all states should prioritize protecting and raising revenues in 2026 and beyond to prevent these cuts and make critical investments in their states’ people and communities. Depending on their state’s individual circumstances, they should aim to:
In the wake of deeply harmful federal policy choices and increasingly sharp fiscal pressure, policymakers in every state capitol and community nationwide have an enormous opportunity to meet the moment and build forward in ways that better serve their constituents’ needs. Through ambitious yet thoughtful revenue choices now and in the years to come, states and localities hold real potential to mitigate harm for millions of people and raise the revenues needed to lay the foundation for a more equitable and prosperous future.
Read CBPP’s full report.
West Virginia is in a maternal health crisis and families are feeling the impact every single day.
Over the last two decades, our state has lost half of its labor and delivery units, with at least 17 birthing units closing since 2006. That means more pregnant people traveling longer distances just to get prenatal care or safely deliver their baby.
And the data is alarming:
– Babies born to mothers who received no prenatal care are 3 times more likely to die in their first year of life.
– 22% of West Virginians don’t have a birthing hospital within 30 minutes of home.
These aren’t just statistics. It’s a crisis we can’t afford to ignore.
Do you live in a county without a nearby birthing unit? Have you had to travel long distances for maternal care or to give birth? We want to hear your story! Your voice matters and it could help save lives.
Share your story here.
Watch Rhonda’s video explainer on West Virginia’s maternal health crisis here.
Learn more in our recent publication here.
At the WVCBP, we are dedicated to advocating for policies and budgets that improve economic mobility and quality of life for all West Virginians. We work to advance public policies that increase opportunity and eliminate inequities through credible and accessible research and community-rooted advocacy.
As we approach the finals days of the 2026 West Virginia legislative session, consider supporting our efforts by making a donation! Your contribution strengthens the work we do every day to fight for a prosperous Mountain State where everyone has a meaningful opportunity to thrive with equitable access to health care, education, jobs, housing, and safe communities.
