HOUSE CONCURRENT RESOLUTION NO. 130
(By Delegates M. Poling, Paxton, Barill, D. Campbell,
Caputo, Crosier, Lawrence, Marcum, Moye, Perry,
Pethtel, Shaver, Smith, Duke, Sumner, Armstead,
Ellington, Gearheart, Rowan and Sigler)
[Originating in the Committee on Education]
(March 8, 2011)
Requesting the Joint Committee on Government and Finance to study whether the state's laws regulating harassment in schools provide the constitutionally required safeguards to student expression.
Whereas, The State of West Virginia has an interest in ensuring that all students are safe at school; and
Whereas, The laws governing student behavior in West Virginia must apply equally and fairly to all students; and
Whereas, The Supreme Court of the United States requires government to safeguard the First Amendment right of persons in schools to engage in expression; and
Whereas, Laws that regulate harassment sometimes have the effect of restricting, punishing, or discouraging student expression even when such expression does not cause a material and substantial disruption of the educational environment of the school; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study whether the state's laws regulating harassment in schools provide the constitutionally required safeguards to student expression; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.