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Introduced Version House Bill 2394 History

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H. B. 2394


         (By Delegates Fleischauer, Miley

                     and Manchin)


         [Introduced January 11, 2012

ole.gif

; 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 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 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, it has been completely underscored.

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