In one paragraph
West Virginia's HB 5205, the West Virginia Balance Act (2026 regular session), would have required the State Board of Education to post a model balanced-technology policy, including a model AI use policy, before December 1, 2026, and county boards to adopt a policy before July 1, 2027. The AI policy would have barred educators from using generative AI to independently grade work or make high-stakes decisions and students from using it for academic work unless an educator authorizes it. It was sent to House Education on February 5, 2026 and died when the session ended March 14, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have required county school boards to adopt technology and AI use policies and report to the State Board to keep certain state funds.
Key provisions
- Before using instructional technology, county boards would have to ensure each tool is designed for instruction, evidence-supported, safe and not a substitute for direct instruction (18-5-55)
- State Board would have to post a model policy with grade-level frameworks (for K-3, no taking school devices home and no homework requiring the internet) before December 1, 2026; counties adopt a policy before July 1, 2027 or the model becomes the default
- Model AI policy (18-5-58): educators limited to county-approved AI tools; no independent grading or high-stakes determinations (placement, discipline, progression, eligibility) by generative AI; students may use generative AI for academic work only if an educator authorizes it for a specific purpose; no biometric surveillance or psychological profiling
- State Board must add AI standards to core computer science standards (18-2-47) and could withhold or delay state digital literacy, computer science or ed-tech funds from counties that do not certify implementation
- Counties could offer optional AI sandbox courses in grades 9-12, with student participation not required (18-5-59)
- Introduced February 5, 2026; referred to House Education then Finance; no effective date in the text; died at the end of the 2026 session
Latest legislative action
Feb 5, 2026. To House Education; died when the West Virginia Legislature's 2026 regular session ended March 14, 2026
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| Hanshaw | Primary |
| Stephens | Primary |
| Bell | Cosponsor |
| Campbell | Cosponsor |
| Hornbuckle | Cosponsor |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error