The proposed bill seeks to amend the Code of West Virginia by introducing a new section, 18-5-29, which establishes specific rights for parents, custodians, and guardians regarding their children's participation in instruction related to sexual orientation and gender identity. Under this bill, public school students cannot be required to participate in such instruction if their parent, custodian, or guardian objects in writing. Schools are mandated to provide advance written notification to parents about any instruction on these topics, including details about the curriculum and materials used. Additionally, the bill prohibits school employees from providing false or misleading information regarding a student's gender identity or intentions to transition, and it requires that any requests from students for accommodations related to their gender identity be reported to their parents or guardians.

Furthermore, the bill allows for legal action against public schools in cases of violations, enabling affected parents or guardians to seek compensatory damages and attorney fees if they prevail in court. The Attorney General is also granted the authority to enforce compliance with this section. The bill includes provisions for the State Board of Education to create rules for implementation and ensures that if any part of the section is deemed invalid, the remaining provisions will still be effective.

Statutes affected:
Introduced Version: 18-5-29