Trans Legislation Tracker

WV HB5442

EDUCATIONINTRODUCED

Free to Speak Act

The purpose of this bill is to prohibit adverse disciplinary or employment action in public schools for employees and students who refuse to give their pronouns or who refuse to call a person by a name or title that is inconsistent with that person's sex, provides definitions, and provides for a right to private cause of action for violations of this act.

Selected quotes

Prohibiting adverse disciplinary or employment action in public schools and institutions of higher education for employees and students who refuse to give their pronouns or who refuse to call a person by a name or title that is inconsistent with that person's sex

(d) "Sex" means a person's immutable biological sex, either male or female. (e) "Female" means an individual who has, had, will have, or would have but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. (f) "Male" means an individual who has, had, will have, or would have but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. (g) "Woman" means an adult human female. (h) "Girl" means a minor human female. (i) "Man" means an adult human male. (j) "Boy" means a minor human male.

An employee of a public school or state institution of higher education, regardless of the scope of his or her official duties, shall not be subject to adverse employment action for declining to: [...] (2) Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the person's sex.

(b) An employee of a public school or state institution of higher education, regardless of the scope of his or her official duties: (1) Shall not knowingly and intentionally address an unemancipated minor student by a name other than the student's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student's sex, without the written permission of the student's parent or guardian; and (2) Shall not be subject to adverse employment action for declining to address a student using a name other than the student's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the student's sex.

(c) A student of a public school or state institution of higher education shall not be subject to adverse disciplinary action by the school or institution for declining to: [...] (2) Address a person using a name other than the person's legal name, or a derivative thereof, or by a pronoun or title that is inconsistent with the person's sex.

Clarifying the definition of sex. (a) Unless context or explicit definition indicates otherwise, gender, when used alone—rather than with or as an adjective modifying other words—in pre-existing state law, administrative rules, or guidelines to refer to males, females, or the natural differences between males and females, shall be considered a synonym for sex.

(b) Gender, when used alone—rather than with or as an adjective modifying other words—in pre-existing state law, administrative rules, or guidelines to refer to males, females, or the natural differences between males and females, shall not be considered a synonym or short-hand expression for gender identity, gender expression, or gender role.

(c) Gender identity, as used in pre-existing state law, administrative rules, or guidelines, shall not be considered a synonym or substitute for sex.

Legislative Session

active

2024 Regular Session

Links

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History

DateAction
2024-02-05To House Education
2024-02-05Introduced in House
2024-02-05To Education then Judiciary
2024-02-05Filed for introduction