SB498 HJUD AM # 1

White 3336

††††††††††† The Committee on the Judiciary 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) 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, within the scope of his or her employment, may not require or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any 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; or

(5) An individual, by virtue of the individualís race, bears responsibility for actions committed by other members of the same race.

(b) Nothing in subsection (a) of this section prohibits:

(1) The discussion of those concepts in theory as part of an academic 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; or

(3) The right to freedom of speech protected by the First Amendment of the United States Constitution and the West Virginia Constitution.

(c) 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. Upon an adverse ruling or no ruling within 10 business days by the school principal, any complainant may file an appeal to the county superintendent. Upon an adverse ruling or no ruling within 10 business days by the county superintendent, any complainant 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.

(d) Each school principal shall report the number of complaints, the nature of each complaint, and the resolution of each complaint filed with him or her the previous school year, to the county superintendent by August 1 each year. The county superintendent shall report the number of complaints, the nature of each complaint, and the resolution of each complaint filed with him or her the previous school year, to the state superintendent by September 1 each year. The state superintendent, or his or her designee, shall report the number of complaints, the nature of each complaint, and the resolution of each complaint filed with him or her the previous school year, to the Legislative Oversight Commission on Education Accountability by October 1 each year.

††††††††††† (e) The Board of Education is authorized to promulgate rules consistent with this section pursuant to ß29A-3B-1 et seq. of this code.

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Adopted

Rejected