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 submits a written objection. Additionally, schools must provide advance written notification to parents about any instruction on these topics, including details about the curriculum and materials used, and inform them of their right to exempt their child from participation.

The bill also includes provisions that prohibit public schools and their employees from providing false or misleading information regarding a student's gender identity or intentions to transition. If a student requests accommodations related to their gender identity, school employees are required to report this request to an administrator, who must then inform the student's parent, custodian, or guardian. The bill allows for legal action against schools for violations of these provisions and empowers the state board of education to create rules for implementation. Furthermore, it includes a severability clause to ensure that if any part of the section is deemed invalid, the remaining provisions will still be enforceable.

Statutes affected:
Introduced Version: 18-5-29