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Bill > HB2071


WV HB2071

Prohibiting public schools from requiring students to participate in sexual orientation instruction


summary

Introduced
02/12/2025
In Committee
02/12/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill introduces several provisions related to sexual orientation and gender identity instruction in West Virginia public schools. The legislation allows parents, custodians, or guardians to opt their children out of instruction involving sexual orientation or gender identity by submitting a written objection. Schools must provide advance written notification to parents about such instruction, including details about curriculum materials. The bill defines key terms like "sexual orientation" (an individual's perceived sexual orientation) and "gender identity" (an individual's identification of gender). Public school employees are prohibited from providing false or misleading information about a student's gender identity or transition intentions. If a student requests an accommodation related to gender identity (such as using a different name or pronoun), school employees must report this request to an administrator, who must then notify the student's parent or guardian. The bill also allows parents to bring civil actions against schools for violations, with potential court-awarded damages and attorney fees. Importantly, the legislation does not require schools to provide sexual orientation or gender identity instruction, but if such instruction occurs, it provides specific guidelines for notification and parental consent. The bill includes exceptions for classroom discussions, historical references, and addressing disciplinary matters like bullying.

Committee Categories

Education

Sponsors (3)

Last Action

To House Education (on 02/12/2025)

bill text


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