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Introduced Version House Bill 2186 History

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HB2186 intr
H. B. 2186


          (By Delegate Fleischauer)
          [Introduced February 13, 2013; referred to the
          Committee on Education.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-5-9; and to amend said code by adding thereto a new section, designated §18B-1-12, all relating to the protection of the academic speech of professional educators.
Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18A-5-9; and that said code be amended by adding thereto a new section, designated §18B-1-12, all to read as follows:
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-9. Academic freedom.
_____An employee in West Virginia public schools may not be disciplined, denied employment or denied promotion based upon his or her speech, research or writing related to public issues: Provided, That nothing herein protects speech or actions that constitute a crime or are otherwise prohibited by law. This section does not limit a school board's rights to set curriculum and academic standards.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1. GOVERNANCE.
§18B-1-12. Academic freedom.
_____A professional educator employed by a West Virginia public higher education institution may not be disciplined, denied employment or denied tenure based upon the content of his or her speech, research or writing related to his or her academic employment
: Provided, That nothing herein protects actions that constitute a crime or are otherwise prohibited by law. This section does not limit an institution's rights to set and enforce standards for academic scholarship, research methods and practices.

     NOTE: The purpose of this bill is to protect academic speech of professional educators.

     These sections are new; therefore, they have been completely underscored.
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