This bill proposes the addition of a new section, 18-5-29, to the Code of West Virginia, which establishes specific guidelines regarding instruction related to sexual orientation and gender identity in public schools. It stipulates that no student may be required to participate in such instruction if a parent, custodian, or guardian objects in writing. Furthermore, public schools are mandated to provide advance written notification to parents or guardians about any instruction on these topics, including their right to exempt their child from participation. The bill also 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 an administrator, who must then inform the student's parent or guardian.

Additionally, the bill allows for legal action against public schools in cases of violations, enabling parents or guardians to seek compensatory damages, injunctive relief, and attorney fees if they prevail in court. The Attorney General is also granted the authority to enforce compliance with this section. The State Board of Education is tasked with promulgating rules to implement the provisions of this bill, which are designed to ensure transparency and protect the rights of parents and guardians in relation to their children's education on sensitive topics.

Statutes affected:
Introduced Version: 18-5-29