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WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
House Bill 5442
By Delegates Dillon and Coop-Gonzalez
[Introduced February 05, 2024; Referred to the Committee on Education then the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-10a, and to amend said code by adding thereto a new article, designated §18-34-1, §18-34-2, and §18-34-3, all relating to prohibiting adverse disciplinary or employment action in public schools and institutions of higher education for employees and students who refuse to give their pronouns or who refuse to call a person by a name or title that is inconsistent with that person's sex; providing definitions; and providing for a right to private cause of action for violations of this act.
Be it enacted by the Legislature of West Virginia:
(a) "Public school" means any school under the general supervision of the West Virginia Board of Education pursuant to section two, article XIII of the Constitution of West Virginia and includes any charter school pursuant to §18-5G-1 et seq. of this code.
(b) "State institution of higher education" means any university, college, or community and technical college under the jurisdiction of an institutional board of governors created by §18B-2A-1 of this code;
(c) "Student" means an individual who is enrolled on a full-time or part-time basis at a public school or state institution of higher education.
(d) "Sex" means a person's immutable biological sex, either male or female.
(e) "Female" means an individual who has, had, will have, or would have but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
(f) "Male" means an individual who has, had, will have, or would have but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.
(g) "Woman" means an adult human female.
(h) "Girl" means a minor human female.
(i) "Man" means an adult human male.
(j) "Boy" means a minor human male.
(a) Unless context or explicit definition indicates otherwise, gender, when used alone—rather than with or as an adjective modifying other words—in pre-existing state law, administrative rules, or guidelines to refer to males, females, or the natural differences between males and females, shall be considered a synonym for sex.
(b) Gender, when used alone—rather than with or as an adjective modifying other words—in pre-existing state law, administrative rules, or guidelines to refer to males, females, or the natural differences between males and females, shall not be considered a synonym or short-hand expression for gender identity, gender expression, or gender role.
(c) Gender identity, as used in pre-existing state law, administrative rules, or guidelines, shall not be considered a synonym or substitute for sex.
(a) An employee of a public school or state institution of higher education, regardless of the scope of his or her official duties, shall not be subject to adverse employment action for declining to:
(1) Identify his or her pronouns while acting within the scope of employment; and
(2) Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the person's sex.
(b) An employee of a public school or state institution of higher education, regardless of the scope of his or her official duties:
(1) Shall not knowingly and intentionally address an unemancipated minor student by a name other than the student's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student's sex, without the written permission of the student's parent or guardian; and
(2) Shall not be subject to adverse employment action for declining to address a student using a name other than the student's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student's sex.
(c) A student of a public school or state institution of higher education shall not be subject to adverse disciplinary action by the school or institution for declining to:
(1) Identify his or her pronouns; and
(2) Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the person's sex.
(a) Any person who is harmed by a public school or state institution of higher education violating this Act shall have a private cause of action for injunctive relief, monetary damages, reasonable attorney's fees and costs, and any other appropriate relief.
(b) All civil actions brought pursuant to this section must be initiated within two years after the violation occurred.
NOTE: The purpose of this bill is to prohibit adverse disciplinary or employment action in public schools for employees and students who refuse to give their pronouns or who refuse to call a person by a name or title that is inconsistent with that person's sex, provides definitions, and provides for a right to private cause of action for violations of this act.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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