Text of WV SB 154 (2025)

WEST virginia legislature 2025 regular session Introduced Senate Bill 154 By Senator Grady [Introduced February 12, 2025; referred to the Committee on Education; and then to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5-29, relating to prohibiting a public school student from being required to participate in instruction related to sexual orientation and gender identity if a parent, custodian, or guardian of the student objects in writing; requiring each public school to afford the parent, custodian, or guardian of a child subject to instruction with respect to sexual orientation and gender identity advance written notification of such instruction and of their right to exempt the child from participation; prohibiting a public school and the county board employees assigned to the school from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the sex listed on a student's official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student's birth; requiring a public school employee to report a student's request for an accommodation that is intended to affirm the student's gender identity from a person employed by the public school to an administrator employed by the county board and assigned to the school; requiring the administrator to report the student's request to the student’s parent, custodian, or guardian; allowing for legal action in certain instances of a violation of section; allowing state board of education to promulgate rules to implement section; and providing that the provisions of this act are severable. Be it enacted by the Legislature of West Virginia: ARTICLE 5. COUNTY BOARD OF EDUCATION. §18-5-29. Allowing objection to sexual orientation and gender identity instruction; requiring advance notice of sexual orientation and gender identity instruction; prohibiting false information regarding student’s gender identity or intention to transition; requiring certain student requests to be reported to parent. (a) For the purposes of this section: "Custodian" means a person who has some allocation of physical custody of the child or who has provided to the school written permission of a parent to have access to the notices and information contemplated by this section; "Gender identity" means a category of social identity and refers to an individual's identification as male, female, or occasionally, some category other than male or female; "Guardian" means a person other than a parent or custodian who, pursuant to a court order, acts in loco parentis for the child; "Parent" means a parent who has some allocation of physical custody of the child or who has some share of joint decision-making authority for the child; "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual; and "Transition to a gender" means the process in which a person goes from identifying with and living as a gender that corresponds to the person's biological sex to identifying with and living as a gender different from the person's biological sex and may involve social, legal, or physical changes. (b) No public school student may be required to participate in instruction related to sexual orientation and gender identity, whether it is offered as part of a health education class or program or as part of any other class or program, if a parent, custodian, or guardian of the student objects in writing to such participation. (1) Each public school shall afford the parent, custodian, or guardian of a child subject to instruction with respect to sexual orientation and gender identity, whether it is offered as part of a health education class or program or as part of any other class or program, advance written notification of such instruction and of their right to exempt the child from participation in such instruction by giving notice to that effect in writing to the school principal. (2) The prior written notification required by subdivision (1) of this subsection shall include a list of the audio-visual or written curriculum and materials to be used in the instruction, along with information regarding how to access the same, consistent with the provisions of §18-5-27. (3) The provisions of subdivision (1) of this subsection may not be construed to require written notification prior to: (A) A teacher responding to student questions during class regarding sexual orientation and gender identity as it relates to any topic of instruction; (B) Referring to the sexual orientation or gender identity of any historic person, group, or public figure when such information provides necessary context in relation to any topic of instruction; or (C) Referring to sexual orientation and gender identity if necessary to address a disciplinary matter, such as an instance of bullying. (c) The provisions of this section may not be construed to require that a public school offer instruction of any kind regarding sexual orientation or gender identity. (d) A public school and the county board employees assigned to the school may not knowingly give false or misleading information to the parent, custodian, or guardian of a student regarding the student's gender identity or intention to transition to a gender that is different than the sex listed on a student's official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student's birth. (e) If a student enrolled in a public school requests an accommodation that is intended to affirm the student's gender identity from a person employed by the public school, including a request that the student be addressed using a name or pronoun that is different than the name or pronoun assigned to the student in the public school's registration forms or records, the public school employee shall report the student's request to an administrator employed by the county board and assigned to the school, and the administrator shall report the student's request to the student's parent, custodian or guardian. (f) A parent, custodian, or legal guardian who is impacted, or whose child in impacted, by a violation of this section may bring a civil action against the public school in question. The Court in any such action may award compensatory damages, injunctive relief, or any other appropriate relief. Additionally, the court shall award court costs and reasonable attorney fees to a prevailing party who established a violation of provisions of this section. (g) The Attorney General may bring an action to enforce compliance with this section. (h) The state board of education shall promulgate rules pursuant to §29A-3B-1 et seq. of this code to implement this section. (i) If a provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. NOTE: The purpose of this bill is to prohibit a public school student from being required to participate in instruction related to sexual orientation and gender identity if a parent, custodian, or guardian of the student objects in writing; require each public school to afford the parent, custodian, or guardian of a child subject to instruction with respect to sexual orientation and gender identity advance written notification of such instruction and of their right to exempt the child from participation; prohibit a public school and the county board employees assigned to the school from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the sex listed on a student’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student’s birth; require a public school employee to report a student’s request for an accommodation that is intended to affirm the student’s gender identity from a person employed by the public school to an administrator employed by the county board and assigned to the school; and require the administrator to report the student’s request to the student’s parent, custodian, or guardian. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

WEST virginia legislature 2025 regular session Enrolled Committee Substitute for Committee Substitute for Senate Bill 154 By Senators Grady, Tarr, Thorne, Helton, Rucker, Willis, Roberts, Deeds, Hart, and Woodrum [Passed April 12, 2025; in effect 90 days from passage (July 11, 2025)] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5-29, relating to prohibiting instruction related to sexual orientation and gender identity; setting forth definitions; creating exceptions to prohibition against instruction; prohibiting a public school and the county board employees assigned to the school from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex; requiring a public school employee to report a student's request for an accommodation that is intended to affirm the student's gender identity from a person employed by the public school to an administrator employed by the county board and assigned to the school; requiring the administrator to report the student's request to the student’s parent, custodian, or guardian; providing that a complaint may be filed in pursuant to state board rule for violations of these provisions, providing that school personnel found in violation of this section may be subjected to discipline or dismissal pursuant statute; providing that the state board, in consultation with the Higher Education Policy Commission, shall promulgate rules to implement section; allowing the Attorney General to enforce compliance; and providing that the provisions of this act are severable. Be it enacted by the Legislature of West Virginia: ARTICLE 5. COUNTY BOARD OF EDUCATION. §18-5-29. Prohibiting instruction related to sexual orientation and gender identity and providing false information regarding student’s gender identity or intention to transition; requiring certain student requests to be reported to parent. (a) For the purposes of this section: (1) “Biological sex” means the sex listed on a student’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student’s birth; (2) "Custodian" means a person who has some allocation of physical custody of the child or who has provided to the school written permission of a parent to have access to the notices and information contemplated by this section; (3) "Gender identity" means a category of social identity and refers to an individual's identification as male, female, or occasionally, some category other than male or female; (4) "Guardian" means a person other than a parent or custodian who, pursuant to a court order, acts in loco parentis for the child; (5) "Parent" means a parent who has some allocation of physical custody of the child or who has some share of joint decision-making authority for the child; (6) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual; and (7) "Transition to a gender" means the process in which a person goes from identifying with and living as a gender that corresponds to the person's biological sex to identifying with and living as a gender different from the person's biological sex and may involve social, legal, or physical changes. (b) A public school may not provide instruction related to sexual orientation or gender identity: Provided, That the provisions of this subsection do not prohibit: (1) A teacher responding to student questions during class regarding sexual orientation or gender identity as it relates to any topic of instruction; (2) Referring to the sexual orientation or gender identity of any historic person, group, or public figure when such information provides necessary context in relation to any topic of instruction; (3) Referring to sexual orientation and gender identity if necessary to address a disciplinary matter, such as an instance of bullying; or (4) Referring to sexual orientation and gender identity as part of curriculum established in a dual enrollment or advanced placement course. (c) A public school and the county board employees assigned to the school may not knowingly give false or misleading information to the parent, custodian, or guardian of a student regarding the student's gender identity or intention to transition to a gender that is different than the student's biological sex. (d) If a student enrolled in a public school requests from a person employed by the public school an accommodation that is intended to affirm a change in the student's gender identity that is different from a student’s biological sex, including a request that the student be addressed using a name or pronoun that is different than the name or pronoun assigned to the student in the public school's registration forms or records for the purpose of affirming a change in the student’s gender identity that is different than the student’s biological sex, the public school employee shall report the student's request to an administrator employed by the county board and assigned to the school, and the administrator shall report the student's request to the student's parent, custodian, or guardian. (e) A parent, custodian, or guardian who is impacted, or whose child is impacted, by a violation of this section may file a complaint pursuant to West Virginia Board of Education Policy 7211 (§126-188-1). (f) School personnel found in violation of this section may be subject to discipline or dismissal pursuant to §18A-2-8 of this code. (g) The West Virginia Board of Education, in consultation with the Higher Education Policy Commission, shall promulgate rules pursuant to §29A-3B-1 et seq. of this code to implement this section. (h) The Attorney General may bring an action to enforce compliance with this section. (i) If a provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the Senate ............................................................... Clerk of the House of Delegates Originated in the Senate. In effect 90 days from passage. ............................................................... President of the Senate ............................................................... Speaker of the House of Delegates __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2025. ............................................................. Governor