WEST virginia legislature

2018 regular session

Introduced

Senate Bill 511

By Senators Azinger, Gaunch, Rucker, Swope, Trump, Blair, Boso, and Ferns

[Introduced February 8, 2018; Referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §44-10A-1, §44-10A-2, and §44-10A-3, all relating to creating the Parents’ Bill of Rights.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10A. PARENTS’ BILL OF RIGHTS.

§44-10A-1. Short title.

This article shall be known and may be cited as the “Parents’ Bill of Rights”.

§44-10A-2. Fundamental right of parents.

(a) The liberty of a parent to direct the upbringing, education, and care of the parent’s child is a fundamental right.

(b) Neither the state nor any agency or locality thereof may infringe this right without demonstrating that the governmental compelling interest as applied to the child is of the highest order, is narrowly tailored, and is not otherwise served by a less restrictive means.

§44-10A-3. Applicability.

(a) In general. -- This article applies to any state or local law or ordinance and the implementation of that law or ordinance, whether statutory or otherwise, and whether adopted or effective prior to or after the effective date of this article.

(b) Rule of construction. -- Statutory law adopted after the date of the enactment of this article is subject to this article unless that law explicitly excludes the application by reference to this article.

NOTE: The purpose of this bill is to codify a Parents’ Bill of Rights.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.