SB498 H ED AM # 1
††††††††††† The Committee on Education moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
ß18-2-9b. Anti-Racism Act of 2022.
(a) ďRaceĒ as used in this section is consistent with usage in 42 U.S.C. ß 2000d et seq., generally referred to as the Civil Rights Act of 1964.
(b) A school district, a public charter school, the West Virginia Board of Education, the West Virginia Department of Education, or any employee of the aforementioned entities may not provide instruction in, require instruction in, make part of a course, or require a statement or affirmation by any employee of the following concepts:
(1) One race is inherently, morally, or intellectually superior to another race;
(2) An individual, by virtue of the individualís race, is inherently racist or oppressive, whether consciously or unconsciously;
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individualís race;
(4) An individualís moral character is determined by the individualís race;
(5) An individual, by virtue of the individualís race, bears responsibility for actions committed by other members of the same race;
(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individualís race; and
(7) Academic achievement, meritocracy, or traits such as a hard work ethic are racist or were created by members of a particular race to oppress members of another race.
(c) Nothing in subsection (b) of this section prohibits:
(1) The discussion of those concepts in theory as part of an academic course if discussion of alternative theories are also included in the course;
(2) The discussion, examination, or debate regarding race and its impact on historical or current events, including the causes of those current or historical events; and
(3) The right to freedom of speech protected by the First Amendment of the United States Constitution and the West Virginia Constitution.
(d) Any student, parent or guardian of a student, or employee aggrieved by an alleged violation of this section may file a complaint with the school principal. Any complainant upon an adverse ruling or no ruling within 10 business days by the school principal, may file an appeal to the county superintendent. Any complainant upon an adverse ruling or no ruling within 10 business days by the county superintendent may file an appeal to the state superintendent. The state superintendent shall make forms available for students, parents or guardians of a student, and employees to file complaints and appeals pursuant to this subsection. Each school principal shall report the number of complaints filed with him or her the previous school year, the nature of each complaint, and the resolution of each complaint to the county superintendent annually by August 1. The county superintendent shall report the number of complaints filed in his or her county the previous school year, the nature of each complaint, and the resolution of each complaint to the state superintendent annually by September 1. The state superintendent, or his or her designee, annually by October 1, shall report to the Legislative Oversight Commission on Education Accountability the number of complaints filed during the previous school year statewide and by county, the nature of each complaint, and the resolution of each complaint.