H. B. 3031
(By Delegates Fleischauer, Caputo, Brown,
Miley, Perdue, Hutchins, Shook,
White and Manchin)
[Introduced March 10, 2009; referred to the
Committee on Education then the Judiciary.]
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.
No employee in West Virginia public schools may 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.
No professional educator employed by a West Virginia public
higher education institution may 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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