The proposed bill aims to establish a "Parents' Bill of Rights" in West Virginia by adding a new article to the state code. It outlines the fundamental rights of parents to direct the upbringing, education, and healthcare of their minor children, emphasizing that important information regarding a child's health and education should not be withheld from parents. The bill defines "parent" as a person with legal custody of a minor child and asserts that any infringement on parental rights by the state or other entities must be justified as reasonable and necessary to achieve a compelling state interest.
Additionally, the bill enumerates specific parental rights, including the right to direct education and moral training, access school records, and make healthcare decisions for their children. It also allows parents to take legal action against the state or other entities for violations of these rights, seeking remedies such as injunctive relief and monetary damages. The applicability of this article extends to all state and local laws, ensuring that any new statutory law does not override the rights established unless explicitly stated.
Statutes affected: Introduced Version: 49-12-1, 49-12-2, 49-12-3, 49-12-4, 49-12-5