Senate Bill No. 42

(By Senators Whitlow, Anderson, Miller, Claypole,

Ross and Helmick)

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[Introduced January 17, 1994; referred to the Committee
on the Judiciary.]

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A BILL to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-one, relating to county boards of education; providing for reading and posting of certain historical writings; and prohibiting content-based censorship of posted documents based on religious references.

Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-one, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-41. Content based censorship of American history prohibited.

County boards of education may allow any teacher or administrator in a public school to read or to post in a public school building, classroom or at a public school event anyexcerpts or portions of: The national motto; the national anthem; the pledge of allegiance; the preamble to the constitution of this state; the Declaration of Independence; the Mayflower Compact; the writings, speeches, documents and proclamations of the founding fathers and presidents of the United States; United States Supreme Court decisions; and acts of the United States Congress, including the published text of the congressional record. There shall be no content-based censorship of American history or heritage in the public schools of this state based on religious references in these writings, documents and records.



NOTE: The purpose of this bill is to allow the posting of historical writings and documents and to prohibit content-based censorship of the posting of these historical documents based on religious references.

§18-5-41 is new; therefore, strike-throughs and underscoring have been omitted.