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Introduced Version House Bill 3132 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3132


(By Delegates Marshall, Shook, Rodighiero,
Eldridge, Ellis, Beach, Moore and Stephens)
[Introduced January 9, 2008; 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  §18B-14-12, relating to protecting the academic speech of higher education 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 §18B-14-12, to read as follows:
ARTICLE 14. MISCELLANEOUS.

§18B-14-12. Academic speech of professional educators.

(a) A professional educator employed by a West Virginia public institution of higher education may not be disciplined, denied employment, or denied tenure base on the content of his or her speech, writing, research relating to his or her academic employment. Nothing in this subsection shall be construed to protect actions which constitute a crime or are prohibited by law, nor may this subsection be construed to limit an institution's rights to set and enforce standards for academic scholarship or research methods and practices.
(b) No West Virginia public school employee may be disciplined, denied employment or denied promotion based upon his or her speech, research, or writing related to public issues. Nothing in this subsection shall be construed to protect speech or conditions which constitute a crime or are prohibited by law, nor may this subsection be construed to limit a school board's rights to set curriculum and academic standards.



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

This section
is new; therefore, strike-throughs and underscoring have been omitted.
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