H. B. 3132
(By Delegates Marshall, Shook, Rodighiero,
Eldridge, Ellis, Beach, Moore and Stephens)
[Introduced January 9, 2008; referred to the
Committee on Education.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-14-12, relating
to protecting the academic speech of higher education
professional educators.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-14-12, to read as
follows:
ARTICLE 14. MISCELLANEOUS.
§18B-14-12. Academic speech of professional educators.
(a) A professional educator employed by a West Virginia public
institution of higher education may not be disciplined, denied
employment, or denied tenure base on the content of his or her
speech, writing, research relating to his or her academic
employment. Nothing in this subsection shall be construed to protect actions which constitute a crime or are prohibited by law,
nor may this subsection be construed to limit an institution's
rights to set and enforce standards for academic scholarship or
research methods and practices.
(b) No West Virginia public school employee may be
disciplined, denied employment or denied promotion based upon his
or her speech, research, or writing related to public issues.
Nothing in this subsection shall be construed to protect speech or
conditions which constitute a crime or are prohibited by law, nor
may this subsection be construed to limit a school board's rights
to set curriculum and academic standards.
NOTE: The purpose of this bill is to protect the academic
speech of professional educators.
This section
is new; therefore, strike-throughs and
underscoring have been omitted.