West Virginia-2022-HB4011-Introduced

WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4011

By Delegates Pritt, Smith, Tully, Longanacre, G. Ward, Maynor, Crouse, Clark, Horst, and Hanna

[Introduced February 1, 2022; referred
to the Committee on Education then the Judiciary]

A BILL to amend and reenact §18-5G-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, and §18-2L-4, all relating to prohibiting anti-stereotyping in state public schools and public charter schools; establishing The Anti-Stereotyping Act; providing that training, instructional or curricula materials be displayed on the public school, county board or public charter school website provided that reproduction does not infringe copyrights; providing that county boards, public schools, public charter schools, and employees thereof, shall not, in the course or scope of employment, promote, embrace, or endorse stereotypes; ensuring that the county board, public school or charter school does not require or compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any certain beliefs or concepts and preserving free speech protections.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5G. CHARTER SCHOOLS.

§18-5G-3. Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws.

(a) Public charter schools authorized pursuant to this article shall meet the following general criteria:

(1) Are part of the state’s system of public schools and are subject to general supervision by the West Virginia Board of Education for meeting the student performance standards required of other public school students under §18-2E-5(d) and (e) of this code;

(2) Are subject to the oversight of the school’s authorizer for operating in accordance with its approved charter contract and for meeting the terms and performance standards established in the charter contract;

(3) Are not home school-based;

(4) Are not affiliated with or espouse any specific religious denomination, organization, sect, or belief and do not promote or engage in any religious practices in their educational program, admissions, employment policies, or operations;

(5) Are not affiliated with any organized group whose espoused beliefs attack or malign an entire class of people, typically for immutable characteristics, as identified through listings of such groups as may be made by the U.S. Department of Justice, the Federal Bureau of Investigation, or officials having similar jurisdiction in this state;

(6) Are public schools to which parents or legal guardians choose to send their child or children;

(7) Do not charge tuition and may only charge such fees as may be imposed by non-charter public schools in this state; and

(8) Have no requirements that would exclude any child from enrollment who would not be excluded at a non-charter public school.

(b) A public charter school authorized pursuant to this article shall be governed by a board that meets the requirements established in §18-5G-7 of this code and:

(1) Has autonomy over key decisions, including, but not limited to, decisions concerning finance, personnel, scheduling, curriculum, and instruction except as provided in this article;

(2) Has no power to levy taxes;

(3) Operates in pursuit of a specific set of educational objectives as defined in its charter contract;

(4) Provides a program of public education that:

(A) Includes one or more of the following: Prekindergarten and any grade or grades from kindergarten to grade 12 including any associated post-secondary embedded credit, dual credit, advanced placement, internship, and industry or workforce credential programs that the public charter school chooses to incorporate into its programs;

(B) May include in its mission a specific focus on students with special needs, including, but not limited to, at-risk students, English language learners, students with severe disciplinary problems at a non-charter public school, or students involved with the juvenile justice system; and

(C) May include a specific academic approach or theme including, but not limited to, approaches or themes such as STEM education, mastery-based education, early college, or fine and performing arts;

(5) Provides programs and services to a student with a disability in accordance with the student’s individualized education program and all federal and state laws, regulations, rules and policies. A charter school shall deliver the services directly or contract with a county board or another provider to deliver the services as set forth in its charter contract;

(6) Is eligible to participate in state-sponsored or district-sponsored athletic and academic interscholastic leagues, competitions, awards, scholarships, and recognition programs for students, educators, administrators, and schools to the same extent as non-charter public schools;

(7) Employs its own personnel as employees of the public charter school and is ultimately responsible for processing employee paychecks, managing its employees’ participation in the applicable retirement system, and managing its employees’ participation in insurance plans: Provided, That nothing in this subdivision prohibits the public charter school from contracting with another person or entity to perform services relating to managing its employees’ participation in the retirement system or insurance plan. A county board may not require any employee of its school system to be employed in a public charter school. A county board may not harass, threaten, discipline, discharge, retaliate, or in any manner discriminate against any school system employee involved directly or indirectly with an application to establish a public charter school as authorized under this section. All personnel in a public charter school who were previously employed by the county board shall continue to accrue seniority with the county board in the same manner that they would accrue seniority if employed in a non-charter public school in the county for purposes of employment in non-charter public schools; and

(8) Is responsible for establishing a staffing plan that includes the requisite qualifications and any associated certification and/or licensure necessary for teachers and other instructional staff to be employed at the public charter school and for verifying that these requirements are met.

(c) A public charter school authorized pursuant to this article is exempt from all statutes and rules applicable to a non-charter public school or board of education except the following:

(1) All federal laws and authorities applicable to non-charter public schools in this state including, but not limited to, the same federal nutrition standards, the same civil rights, disability rights and health, life and safety requirements applicable to non-charter public schools in this state;

(2) The provisions of §29B-1-1 et seq. of this code relating to freedom of information and the provisions of §6-9A-1 et seq. of this code relating to open governmental proceedings;

(3) The same immunization requirements applicable to non-charter public schools;

(4) The same compulsory school attendance requirements applicable to non-charter public schools;

(5) The same minimum number of days or an equivalent amount of instructional time per year as required of non-charter public school students under §18-5-45 of this code;

(6) The same student assessment requirements applicable to non-charter public schools in this state, but only to the extent that will allow the state board to measure the performance of public charter school students pursuant to §18-2E-5(d) and (e) of this code. Nothing precludes a public charter school from establishing additional student assessment measures that go beyond state requirements;

(7) The Student Data Accessibility, Transparency and Accountability Act pursuant to §18-2-5h of this code;

(8) Use of the electronic education information system established by the West Virginia Department of Education for the purpose of reporting required information;

(9) Reporting information on student and school performance to parents, policy-makers, and the general public in the same manner as non-charter public schools utilizing the electronic format established by the West Virginia Department of Education. Nothing precludes a public charter school from utilizing additional measures for reporting information on student and school performance that go beyond state requirements;

(10) All applicable accounting and financial reporting requirements as prescribed for public schools, including adherence to generally accepted accounting principles. A public charter school shall annually engage an external auditor to perform an independent audit of the school’s finances. The public charter school shall submit the audit to its authorizer and to the state superintendent of schools within nine months of the end of the fiscal year for which the audit is performed;

(11) A criminal history check pursuant to §18A-3-10 of this code for any staff person that would be required if the person was employed in a non-charter public school, unless a criminal history check has already been completed for that staff person pursuant to that section. Governing board members and other public charter school personnel are subject to criminal history record checks and fingerprinting requirements applicable to non-charter public schools in this state. Contractors and service providers or their employees are prohibited from making direct, unaccompanied contact with students and from access to school grounds unaccompanied when students are present if it cannot be verified that the contractors, service providers or employees have not previously been convicted of a qualifying offense pursuant to §18-5-15c of this code;

(12) The same zoning rules for its facilities that apply to non-charter public schools in this state;

(13) The same building codes, regulations and fees for its facilities that apply to non-charter public schools in this state, including any inspections required for non-charter public schools under this chapter and the West Virginia State Fire Marshal for inspection and issuance of a certificate of occupancy for any facility used by the public charter school; and

(14) The same student transportation safety laws applicable to public schools when transportation is provided.

(15) The Anti-Stereotyping Act, pursuant to §18-2L-1 et seq. of this code.

ARTICLE 2L. THE ANTI-STEREOTYPING ACT.

§18-2L-1. Title.

(a) Each public school and public charter school shall ensure that the following information is displayed on the school website, in a publicly accessible location: Provided, That if the public school has no website, the information shall be posted on the county board’s website:

(1) All training materials, including materials for teachers, concerning or used for school personnel training on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts.

(2) All instructional or curricular materials concerning nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts. Such instructional materials shall identify, at a minimum:

(A) The title, author, organization, and any website associated with each instructional material;

(B) A brief description of the instructional material;

(C) A link to the instructional material, if publicly available on the internet, or information on how to request review of a copy of the instructional material; and

(D) The identity of the teacher, if the instructional material was created by the teacher.

(3) Any procedures for the documentation, review, or approval of the training, instructional, or curricular materials used for school personnel training or student instruction at the school, including by the principal, administrators, or other teachers.

(4) Nothing in this subsection shall be construed to require the digital reproduction or posting of copies of the instructional materials themselves if such reproduction would infringe upon copyrighted material; but in such cases, original materials should still be linked, if possible, or provided upon request, as required under subsection (2)(C) of this section.

(b) Each county board of education shall post on its website in a publicly accessible location, all training materials, including materials for teachers and other school personnel, on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts, except any materials that the board is required to keep confidential: Provided, That nothing in this subsection shall be construed to require the digital reproduction or posting of copies of the instructional materials themselves if such reproduction would infringe upon copyrighted material; but in such cases, original materials should still be linked, if possible, or provided upon request.

§18-2L-3 Stereotyping.

(a) A county board, public school or public charter school may not:

(1) Require or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept that:

(A) One race, sex, ethnicity, religion, or national origin is inherently superior or inferior to another race, sex, ethnicity, religion, or national origin;

(B) An individual, by virtue of his or her race, sex, ethnicity, religion, or national origin should be blamed for actions committed in the past by other members of the same race, sex, ethnicity, religion, or national origin; or

(C) An individual’s moral character is necessarily determined, in whole or in part, by his or her race, sex, ethnicity, religion, or national origin.

(2) Use public funds to contract with, hire, or otherwise engage consultants, trainers, or other persons to:

(A) Direct or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept described in subsection (a)(1) of this section; or

(B) Advocate concepts described in subsection (a)(1) of this section, unless:

(i) The county board, public school or public charter school, expressly makes clear

that it does not sponsor, approve, or endorse such concepts or materials; and

(ii) The county board, public school or public charter school, affords students, teachers, administrators, and other employees the opportunity to opt out of any speeches by or sessions with such outside contractors.

(3) Require a student, teacher, administrator, or other employee to attend or participate in a training, seminar, continuing education, orientation, or therapy that promotes any concept described in subsection (a)(1) of this section.

(b) Nothing in this section shall be construed as prohibiting:

(1) Speech protected by the First Amendment of the U.S. Constitution or Article III, Section 7 the West Virginia Constitution;

(2) Voluntary attendance at a training session, seminar, continuing education, orientation, or therapy, provided that no inducement or coercion for such attendance exists;

(3) Access to sources on an individual basis that advocate concepts described in subsection (a)(1) of this section for the purpose of research or independent study; or

(4) Discussion of concepts described in subsection (a)(1) of this section or the assignment of materials that incorporate such concepts for educational purposes: Provided, That the county board, public school or public charter school expressly makes clear that it does not sponsor, approve, or endorse such concepts or materials.

NOTE: The purpose of this bill is to prohibit anti-stereotyping in public school training and curriculum.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.