WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for Senate Bill 870
By Senators Rucker, Taylor, Karnes, Roberts,
Maynard, Martin, Smith, and Stuart [Originating in the Committee on Education; reported February 26, 2024]
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1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §18-2-9b; to amend said code by adding thereto a new section, designated
3 §18-5-29; to amend said code by adding thereto a new article, designated §18B-1G-1,
4 §18B-1G-2, §18B-1G-3, §18B-1G-4, and §18B-1G-5; and to amend said code by adding
5 thereto two new sections, designated §18B-14-5 and §18B-14-6, all relating to Restoring
6 Sanity Act; relating to nondiscrimination; prohibiting a school district, a public charter
7 school, the West Virginia Board of Education, the West Virginia Department of Education,
8 or any employee of the aforementioned entities from providing instruction in, requiring
9 instruction in, making part of a course, or requiring a statement or affirmation by any
10 employee of certain specified concepts; prohibiting a state institution of higher education or
11 any of its employees from requiring a student or employee to take instruction in, or include
12 in the curriculum of any required course, or require a statement or affirmation by any
13 student or employee that certain specified concepts are factual and accurate or must be
14 held as a belief of the student or employee; defining terms; recognizing that state
15 institutions of higher education have an obligation to prohibit discrimination and have an
16 obligation to protect the right to free speech and expression; clarifying what is not
17 prohibited; establishing public elementary and secondary school complaint and appeal
18 procedures for alleged violations and complaint reporting procedures; requiring each
19 campus to report to the Higher Education Policy Commission or the Council for Community
20 and Technical College Education, a description of any violations; requiring certain
21 information on the complaints filed and reported violations to be reported to the Legislative
22 Oversight Commission on Education Accountability; providing that neither county board or
23 public charter school employees are required to use a student’s preferred pronoun when
24 referring to the student if the preferred pronoun is not consistent with the student’s
25 biological sex, civilly liable for using a pronoun that is consistent with the biological sex of
26 the student to whom the teacher or employee is referring, or subject to an adverse
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27 employment action for not using a student’s preferred pronoun if the student’s preferred
28 pronoun is inconsistent with the student’s biological sex; providing that neither a county
29 board or public charter school is civilly liable if a county board or public charter school
30 employee refers to a student using a pronoun that is inconsistent with the biological sex of
31 the student to whom the employee is referring; prohibiting state institutions of higher
32 education from establishing, sustaining, supporting, or staffing a diversity, equity, and
33 inclusion officer or office; stating what prohibition does not cover or affect; stating what the
34 diversity, equity, and inclusion office and diversity, equity, and inclusion officer does not
35 include; requiring a state institution of higher education to file and certify with the Joint
36 Committee on Education a report of the steps taken by the academic institution of higher
37 education and its staff, administration, and faculty to comply; prohibiting state institutions
38 of higher education from expending certain moneys until a report is filed with the Joint
39 Committee on Education by July 1; requiring reallocation of certain moneys that would
40 have been expended on prohibited diversity, equity, and inclusion offices and officers to
41 merit scholarships for lower-income and middle-income students, first generation college
42 students, or to reduce tuition and mandatory fees for resident students; stating effective
43 date; declaring the policy of the state that the administrations of state institutions of higher
44 education, and their administrative units, be officially neutral with regard to certain widely
45 contested opinions in the state regarding certain issues; defining "diversity training";
46 prohibiting a diversity statement from ever being required or solicited in certain instances;
47 prohibiting state institutions of higher education from giving preferential consideration to an
48 applicant, student, staff member, or faculty member due to certain opinions expressed or
49 actions taken.
Be it enacted by the Legislature of West Virginia:
CHAPTER 18. EDUCATION.
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 ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-9b. Anti-Racism Act of 2024.
1 (a) As used in this section:
2 (1) "Biological sex" means an individual’s physical form as a male or female based solely
3 on the individual’s reproductive biology and genetics at birth;
4 (2) "Ethnic group" means a category of population that is set apart and bound together by
5 common ties of race, language, nationality, or culture; and
6 (3) "Race" means any one of the groups that humans are often divided into based on
7 physical traits regarded as common among people of shared ancestry.
8 (b) A school district, a public charter school, the West Virginia Board of Education, the
9 West Virginia Department of Education, or any employee of the aforementioned entities may not
10 provide instruction in, require instruction in, make part of a course, or require a statement or
11 affirmation by any employee of the following concepts:
12 (1) One race, ethnic group, or biological sex is morally or intellectually superior to another
13 race, ethnic group, or biological sex for any inherent or innate reason;
14 (2) An individual, by virtue of the individual’s race, ethnicity, or biological sex, is racist,
15 sexist, or oppressive, whether consciously or unconsciously for any inherent or innate reason;
16 (3) An individual should be discriminated against or receive adverse treatment solely or
17 partly because of the individual’s race, ethnicity, or biological sex;
18 (4) An individual’s moral character is strongly influenced by the individual’s race, ethnicity,
19 or biological sex;
20 (5) An individual, by virtue of the individual’s race, ethnicity, or biological sex, bears
21 responsibility for actions committed by other members of the same race, ethnic group, or biological
22 sex;
23 (6) An individual should feel discomfort, guilt, anguish, or any other form of psychological
24 distress because of the individual’s race, ethnicity, or biological sex; and CS for SB 870
25 (7) Academic achievement, meritocracy, or traits such as a hard work ethic are racist or
26 sexist or were created by members of a particular race, ethnic group, or biological sex to oppress
27 members of another race, ethnic group, or biological sex.
28 (c) Nothing in subsection (b) of this section prohibits:
29 (1) The discussion of those concepts in theory as part of an academic course if discussion
30 of alternative theories is also included in the course;
31 (2) The discussion, examination and debate that race, ethnicity, or biological sex has
32 impacted historical or current events, including the causes of those current or historical events;
33 and
34 (3) The right to freedom of speech protected by the First Amendment of the United States
35 Constitution and the West Virginia Constitution outside the context of employment with any school
36 district or public charter school.
37 (d) Any student, parent, or guardian of a student, or employee aggrieved by an alleged
38 violation of this section may file a complaint with the school principal. Any complainant, upon an
39 adverse ruling or no ruling within 10 business days by the school principal, may file an appeal to
40 the county superintendent except that in the case of a student enrolled in or an employee of a
41 public charter school, the complainant may file an appeal to the authorizer. Any complainant, upon
42 an adverse ruling or no ruling within 10 business days by the county superintendent or public
43 charter school authorizer, may file an appeal to the state superintendent. The state superintendent
44 shall make forms available for students, parents or guardians of a student, and employees to file
45 complaints and appeals pursuant to this subsection. Each school principal shall report the number
46 of complaints filed with him or her the previous school year, the nature of each complaint, and the
47 resolution of each complaint to the county superintendent annually by August 1. The county
48 superintendent shall report the number of complaints filed in his or her county the previous school
49 year, the nature of each complaint, and the resolution of each complaint to the state
50 superintendent annually by September 1. The state superintendent, or his or her designee shall
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51 report to the Legislative Oversight Commission on Education Accountability the number of
52 complaints filed during the previous school year statewide and by county, the nature of each
53 complaint, and the resolution of each complaint annually by October 1.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-29. Preferred gender pronouns.
1 The Legislature finds that:
2 (a) County board and public charter school employees should never be compelled to affirm
3 a belief with which they disagree.
4 (b) For the purposes of this section, the term "biological sex" means an individual’s
5 physical form as a male or female based solely on the individual’s reproductive biology and
6 genetics at birth.
7 (c) County board and public charter school employees are not:
8 (1) Required to use a student’s preferred pronoun when referring to the student if the
9 preferred pronoun is not consistent with the student’s biological sex;
10 (2) Civilly liable for using a pronoun that is consistent with the biological sex of the student
11 to whom the teacher or employee is referring, even if the pronoun is not the student’s preferred
12 pronoun; and
13 (3) Subject to an adverse employment action for not using a student’s preferred pronoun if
14 the student’s preferred pronoun is inconsistent with the student’s biological sex.
15 (d) A county board or public charter school is not civilly liable if a county board or public
16 charter school employee refers to a student using a pronoun that is consistent with the biological
17 sex of the student to whom the employee is referring, even if the pronoun is not the student’s
18 preferred pronoun.
19 (e) No county board or public charter school may establish a policy or take any action that
20 is contrary to this section.
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CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1G. DIVERSITY, EQUITY AND INCLUSION OFFICES AND OFFICERS
PROHIBITED.
§18B-1G-1. Restrictions.
1 (a) A state institution of higher education shall not establish, sustain, support, or staff a
2 diversity, equity, and inclusion officer or office.
3 (b) Subsection (a) shall not be construed to cover or affect a state institution of higher
4 education's support of any of the following:
5 (1) Academic course instruction;
6 (2) Research or creative works by the state institution of higher education's students,
7 faculty, or other research personnel, and the dissemination of such research or creative works;
8 (3) Activities of registered student organizations;
9 (4) Arrangements for guest speakers and performers with short-term engagements;
10 (5) Mental or physical health services provided by licensed professionals;
11 (6) Services or support provided to individuals with learning, physical or neurological
12 developmental disabilities;
13 (7) Policies, programming, training, practices, activities, or procedures related to diversity,
14 equity, and inclusion that are required pursuant to a contract or agreement with a federal
15 governmental entity;
16 (8) Sex-based educational opportunities such as science, technology, engineering, and
17 mathematics (STEM) opportunities for women.
18 (9) Policies, programming, training, practices, activities or procedures related to diversity,
19 equity, and inclusion that are required to meet accreditation standards;
20 (10) Policies, programming, training, practices, activities or procedures related to diversity,
21 equity, and inclusion that are required to satisfy requirements of athletic associations or
22 conferences;
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23 (11) Compliance with the state institution of higher education's obligations under Title IX of
24 the federal Education Amendments Act of 1972, 20 U.S.C. §1681, et seq., as amended, the
25 federal Age Discrimination in Employment Act of 1972, 20 U.S.C. §1681 et seq., as amended, the
26 federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended, the federal
27 Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, the West Virginia Human Rights Act,
28 West Virginia Code §5-11-1, et seq., or any other applicable federal or state law or court order; or
29 (12) Policies or procedures related to determining scholarships or financial aid for
30 prospective students.
31 §18B-1G-2. Exceptions.
32 (a) "Diversity, equity, and inclusion office" does not include any of the following:
33 (1) An office or position operating with the sole and exclusive mission of ensuring legal
34 compliance under Title IX of the federal Education Amendments Act of 1972, 20 U.S.C. §1681, et
35 seq., as amended, the federal Age Discrimination in Employment Act of 1972, 20 U.S.C. §1681 et
36 seq., as amended, the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.,
37 as amended, the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, the West
38 Virginia Human Rights Act, West Virginia Code §5-11-1, et seq., or any other applicable federal or
39 state law or court order;
40 (2) An academic department within a state institution of higher education that exists
41 primarily for the purpose of offering courses for degree credit and that does not establish a policy
42 or procedures to which other departments of the public institutions of higher education are subject;
43 (3) An office or position solely engaged in student recruitment;
44 (4) A registered student organization;
45 (5) An office or position engaged in providing services or support to individuals with
46 learning, physical or neurological developmental disabilities;
47 (6) An office or position that a state institution of higher education is required to maintain
48 pursuant to a contract or agreement with a federal governmental entity;
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49 (7) An office or position that a state institution of higher education is required to maintain to
50 meet academic accreditation standards;
51 (8) An office or position that a state institution of higher education is required to satisfy
52 requirements set forth by athletic associations or conferences; or
53 (9) A unit which may provide resources to certain individuals as long as the resources are
54 equally available to all employees or students regardless of race, color, or ethnicity.
55 (b) "Diversity, equity, and inclusion officer" does not include any of the following:
56 (1) Any employee whose sole job duties related to diversity, equity, and inclusion are to
57 ensure compliance with the state institution of higher education's obligations under Title IX of the
58 federal Education Amendments Act of 1972, 20 U.S.C. §1681, et seq., as amended, the federal
59 Age Discrimination in Employment Act of 1972, 20 U.S.C. §1681 et seq., as amended, the federal
60 Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended, the federal Civil
61 Rights Act of 1964, Pub. L. No. 88-352, as amended, the West Virginia Human Rights Act, West
62 Virginia Code §5-11-1, et seq., or any other applicable federal or state law or court order;
63 (2) Any faculty member while engaged in teaching, research, or the production of creative
64 works, the dissemination of the faculty member's research or creative works, or advising a
65 registered student organization;
66 (3) A guest speaker or performer with a short-term engagement;
67 (4) Any employee that a state institution of higher education is required to employ pursuant
68 to a contract or agreement with a federal governmental entity;
69 (5) Any employee that a state institution of higher education is required to employ to meet
70 academic accreditation standards; or
71 (6) Any employee that a state institution of higher education is required to employ to satisfy
72 requirements of athletic associations or conferences.
73 §18B-1G-3. Reporting.
74 (a) A state institution of higher edu