WEST virginia legislature
2025 regular session
Committee Substitute
for
Committee Substitute
for
Senate Bill 154
By Senators Grady, Tarr, Thorne, Helton, Hart, and Woodrum
[Reported February 28, 2025, from 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 from providing instruction related to sexual orientation or gender identity; defining terms; allowing discussion in specified circumstances; 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 person employed by the public school to report a student's request for an accommodation that is intended to affirm a change in the student's gender identity that is different from a student’s biological sex 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; creating a complaint and appeals system for violations of this section; creating administrative sanctions for violation of this section; allowing for a civil action in certain instances of a violation of section; providing for penalties, court costs, and attorney fees; providing that the complaint, appeals, and administrative sanctions set forth in this section are the exclusive remedies for violations of this section; and requiring State Board of Education to promulgate rules.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 5. COUNTY BOARD OF EDUCATION.
(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, whether it is offered as part of a health education class or program or as part of any other class or program. 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; or
(3) Referring to sexual orientation and gender identity if necessary to address a disciplinary matter, such as an instance of bullying.
(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 with the school. Within five business days following receipt of a complaint filed pursuant to this section, the school shall initiate an investigation to determine whether the allegations set forth in the complaint are substantiated. In conducting its investigation, the school may contact the complainant, the affected student, the respondent teacher or employee, and any other potential witnesses to the conduct alleged in the complaint. Within 10 business days following receipt of a complaint, the school shall prepare a report of its factual findings and a conclusion as to whether the allegations set forth in the complaint were substantiated.
(f)(1) If a school determines that the allegations set forth in a complaint filed pursuant to subsection (e) of this section are unsubstantiated, then the school shall close its investigation and send a copy of its report to the complainant, the respondent teacher or employee, and the county board of education: Provided, That the copy of the report sent to the complainant shall be redacted to exclude the names and other personally identifiable information of the respondent teacher or employee, minors, and non-respondent witnesses.
(2) Within five business days following a complainant's receipt of a report that the allegations set forth in his or her complaint were not substantiated, the complainant may file an appeal with the county board of education. Upon receipt of an appeal pursuant to this subsection, the county board of education shall provide notice of the appeal to the respondent teacher or employee and provide him or her with 10 business days to file a reply to the appeal. The county board of education shall review the complaint, appeal, and reply, if any, in an executive session at its next meeting following expiration of the reply period to determine whether to grant the complainant's appeal or to remand the matter to the school for additional fact finding: Provided, That the county board of education may consider only the facts set forth in the school's report, in the complainant's appeal, and in the respondent teacher or employee's reply, if any, and it may only grant the complainant's appeal or remand the matter to the school for additional fact finding upon a vote of two thirds of all members present.
(g) If a school determines that the allegations set forth in a complaint filed pursuant to subsection (e) of this section are substantiated, then the school shall:
(1) Include a finding in its report of the number of substantiated complaints that have been filed against the respondent teacher or employee in the 12-month period immediately preceding the date on which the complaint was filed;
(2) Levy an administrative sanction against the respondent teacher or employee as follows:
(A) For a first substantiated offense, a written letter of reprimand issued to the respondent teacher or employee and placed in his or her administrative record;
(B) For a second substantiated offense within any 12-month period, a recommendation to the county board of education that the respondent teacher or employee be suspended for 30 days without pay; and
(C) For a third substantiated offense within any 12-month period, a recommendation to the county board of education that the respondent teacher or employee be terminated;
(3) Send a copy of its report to the complainant, the respondent teacher or employee, and the county board of education: Provided, That the copy of the report sent to the complainant shall be redacted to exclude the names and other personally identifiable information of the respondent teacher or employee, minors, and non-respondent witnesses; and
(4) Provide notice to the respondent teacher or employee of his or her right to appeal the substantiation in accordance with subsection (h) of this section.
(h) Within five business days following a respondent teacher or employee's receipt of a report that a complaint against him or her has been substantiated, the teacher or employee may file an appeal with the county board of education.
(i) Within 10 business days following receipt of a report of a substantiated complaint recommending that a teacher or employee be suspended or terminated in accordance with this section, or within 90 days following a teacher or employee's appeal of a report recommending that the teacher or employee receive a written letter of reprimand, the county board of education shall convene in an executive session to determine whether to adopt the school's recommendation, to grant the respondent teacher or employee's appeal, if any, or to remand the matter to the school for additional fact finding: Provided, however, That the county board of education may consider only the facts set forth in the school's report and in the respondent teacher or employee's appeal, if any, and it may refuse the school's recommendation and/or grant the respondent teacher or employee's appeal only upon a vote of two thirds of all members present.
(j)(1) A parent, custodian, or guardian who has filed a complaint in accordance with this section may bring a civil action against the county board of education if:
(A) The school refuses to provide the parent, custodian, or guardian with a copy of its report; or
(B) The county board of education refuses to adopt the school's recommendation that a respondent teacher or employee be suspended or terminated or grants the respondent teacher or employee's appeal without first voting on the matter by two thirds of all members present.
(2) The court may award statutory damages of $5,000, compensatory damages, injunctive relief, and 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.
(k) The Attorney General may bring an action to enforce compliance with this section.
(l) The state board of education shall promulgate rules pursuant to §29A-3B-1 et seq. of this code to implement this section.
(m) Notwithstanding any provision of this code to the contrary, inclusive of the grievance and hearing procedures set forth in §6C-1-1, et seq., §18-1-1, et seq., and §18A-1-1, et seq. of this code, the remedies set forth in this section are the exclusive remedies for violations of this section: Provided, That nothing in this section may be construed as prohibiting schools, the county board of education, teachers, employees, or any other person from referring suspected criminal activity to the appropriate law enforcement agency or prosecuting authority.
(n) 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.