Legislative Update January 26, 2024

Today concludes day 17 of the 60-day 2024 regular session.

A couple of points to notice: This list will continue to grow for a few weeks as new bills are introduced, although they are beginning to slow down somewhat. Likewise, once a bill dies, I will remove it. So far, the House of Delegates has proposed nearly 1,200 bills (HB) and the State Senate nearly 600 bills (SB). Last year, 2,291 total bills were proposed during the entire session. The House of Delegates is currently comprised of 89 Republicans, 11 Democrats. The Senate remains 31 Republicans, 3 Democrats.

I track bills that might directly or indirectly involve our schools as well as some bills that deal with Christian and family issues. Additionally, I visit specific Legislators and attend committee meetings as needed. The list will be updated weekly to include new bills and to list changes to the current ones. If anyone has any questions or concerns, please contact me by cell at (770) 827-6033 or personal email at: [email protected].

Christian Education bills:

HB 4186 (Pinson) – Requiring students to pass a test on the Constitution. Referred to House Education, 1/10/24.

HB 4192 (C. Pritt) – Allows for vaccine exemptions for religious reasons. Referred to House Health and Human Resources Committee, 1/10/24.

HB 4220 (Statler) – Microschool tuition and fees covered under Hope Scholarship. Referred to House Education, 1/10/24, then House Finance Committee.

HB 4232 (C. Pritt) – Hope Scholarship for all students, eliminating the 45-day public school requirement. Referred to House Education Committee, 1/10/24, then to House Finance Committee. HB 4322 (Burkhammer) is a similar bill. *Delegate Burkhammer is interested in a gradual bill to incorporate a few grades a year over a 3-year period.

HB 4269 (Holstein) – School buses exempt from tolls. Same as HB 4493 (Fluharty) and HB 4639 (Young). Young’s bill is for county school buses. Referred to House Technology and Infrastructure, 1/10/24, then House Finance.

HB 4276 (C. Pritt) The purpose of this bill is to create the transferred right of self-defense to a person who engages an active shooter on school grounds. Referred to House Judiciary, 1/10/24.

HB 4282 (Dean) – Allow parents to retain child in school an extra year without losing year of sports eligibility. Referred to House Education Committee, 1/10/24, then House Finance.

HB 4299 (Smith) – Authorizing elementary and secondary teachers to carry concealed firearms and be designated as a school protection officer. Passed House Education with recommendation to pass bill, 1/24/24, to the House Judiciary Committee.  *I attended the committee meeting.

HB 4453 (Crouse) – Eliminates standardized testing in public and private schools. Referred to House Education Committee, 1/10/24. This bill is introduced annually, but doesn’t gain much traction.

HB 4455 (Crouse) – Cameras placed in all schools in public places where children are present. Referred to House Education Committee, 1/10/24 then House Finance. *I had the opportunity to discuss this bill with Delegate Crouse on 1/11/24. She said her intent was to require this for public schools only although it doesn’t say specifically in the bill; therefore, this bill might need to be amended. I have discussed this bill with our allies concerning this definition and how it could affect our schools.

HB 4650 (Toney) – Defines a school bus as a motor vehicle owned by a public or government agency. Referred to House Education Committee, 1/12/24. I’m not sure the intent of this bill. *My concern is that the above definition could cause our schools some issues with other legislation, specifically the toll exemption bill mentioned above. I have had conversations with allies concerning the bill language.

HB 4654 (Steele) - The purpose of this bill is to remove schools, museums, and public libraries from the exemption which protects these types of entities from prosecution for distribution and display to minor of an obscene matter. Referred to House Judiciary, 1/12/24. Public Hearing held, 1/24/24.

HB 4774 (Multiple Sponsors) - Repeal of one-time athletic transfer rule. Referred to House Education Committee, 1/16/24.

HB 4778 (Hornbuckle) - The purpose of this bill is to grant jurisdiction to supervise youth sport league athletic events to county boards of education and the West Virginia Secondary School Activities Commission and to establish the West Virginia Youth Sports Safety Commission and empower it to create and enforce safety procedures for physical training for youth sports leagues and secondary school interscholastic activities. The bill requires schools and youth sport leagues to implement certain safety measures during athletic events. Referred to House Health and Human Resources Committee, 1/16/24, then House Education Committee. *I have concern with the language in this bill as to how far it goes. One of our friends on the HHR Committee is going to keep an eye on it if it gets that far.

HB 4851 (Statler) – The purpose of this bill is to authorize local school boards, public charter schools, and private or religious schools to employ school security officers. Referred to House Education 1/17/24, then Huse Judiciary Committee. On Education Committee Agenda 1/22/24.

HB 4896 (Ferrell) – This bill seems like the Sponsor wants to roll back private school students playing on public school teams that passed last year. Referred to House Education Committee 1/18/24. *I’m looking into this. I have notified some of our friends to take a look at this bill.

HB 4945 (Espinosa) -The purpose of this bill is to make several specific changes in the Hope Scholarship Program; including that the annual Hope Scholarship Program appropriation calculation will be based on the estimated number of participating students instead of the number of participating students in the prior year; and clarifying that providers may not assess increased or additional fees against Hope Scholarship students based on participation in the program. Referred to House Education, 1/19/24, the House Finance Committee. *Education Chairman told me personally that the bill is scheduled to be on the committee agenda 1/29/24.

SB 412 (Takubo) – The purpose of this bill is to amend medical exemptions to state vaccination laws. The bill requires the physician submitting certification for medical exemption be licensed in West Virginia. The bill requires the physician submitting medical exemption to present facts of case to the State Immunization Officer. The bill creates a deadline for the State Immunization Officer to render initial and remand decision.  The bill creates an Immunization Appeal Oversight Board. The bill provides that a child may remain in school and day care pending review of the board and providing a transition time if the Immunization Officer’s decision is upheld. Referred to Senate Health and Human Resources Committee 1/12/24.

SB 423 (Roberts, Chapman, Maynard, and Taylor) – Bill to provide voluntary private school immunizations. Referred to Senate Health and Human Resources Committee, 1/11/24.

SB 553 (Roberts) – Providing for religious exemptions of school attendance immunizations. Referred to Senate Health and Human Resources Committee, 1/25/24.

Other Conservative Christian Issues:

HB 4325 (C. Pritt) – Houses of worship can’t be shut down in a state of emergency. Referred to House Judiciary Committee, 1/10/24.  

HB 4806 (Foggin) - The purpose of this bill is to assign the use of bathrooms and multi-person common changing rooms by gender and to prohibit the usage of a designated room under this section by a person of the opposite sex, with exceptions for family members, rendering medical or other assistance; and to establish penalties for violations. Passed House Education with much debate, but overwhelming support, with recommendation to pass the bill, 1/24/24, forwarded to House Judiciary Committee. *I attended the Education Committee meeting. Bill refers to public schools only.

 

HB 4809 (Hornby, Pinson, etc.) - The purpose of this bill is to create the "Health Care Sharing Ministries Freedom to Share Act". The bill exempts a health care sharing ministry form the state's insurance laws. Passed House Banking and Insurance Committee, 1/24/24, on House Judiciary Committee agenda 1/26/24.

 

HB 4884 (Pinson) – Allowing healthcare workers to refuse to perform procedures related to sex reassignment or gender transitioning for religious or conscientious objection. Referred to House Health and Human Resources, 1/18/24, then House Judiciary Committee.

HB 4899 (Pinson, Burkhammer) - Free expression on campus. Provides stronger language for the freedom of association and nondiscrimination against students and student organizations on campus. Referred to House Education Committee, 1/18/24.

 

HB 4923 (Forsht) - The purpose of this bill is to establish parental requirements regarding gender reassignment surgery or gender altering medications for minor children. Referred to House Health and Human Resources, 1/19/24, then House Judiciary Committee.

 

HB 5041 (Dillion) -The purpose of this bill is to guarantee the right to life to all human beings and to provide definitions. Referred to House Health and Human Resources, 1/23/24, then House Judiciary Committee.

 

SB 152 (Roberts) – Display of U.S. motto in public schools. Passed the Senate and moved to the House, 1/23/24. The current bill states the U.S. motto to be displayed in every classroom. Considering the number of classrooms in larger institutions, especially state colleges and universities, it might get watered down some in the House.

 

SB 194 (Azinger, Chapman, and Swope) - The purpose of this bill is to prohibit gender transition surgeries, treatments, and therapies to minors. The bill establishes penalties for practitioners in violation of regulations. The bill safeguards the mental and physical health of minors. The bill prohibits political subdivisions from enacting conflicting policies. The bill creates whistleblower protection. Finally, the bill prohibits taxpayer subsidization of gender transition treatments. Referred to Senate Health and Human Resources Committee, 1/10/24, then Senate Judiciary.

 

SB 197 (Azinger) – No obscene matter within 2,500 feet of a public school facility. Referred to Senate Judiciary Committee 1/10/24.

 

SB 198 (Azinger) – Prohibiting teaching of divisive acts and Critical Race Theory in public schools. Referred to Senate Education Committee, 1/10/24.

 

SB 224 (Tarr) - Prohibiting certain funding and involvement or attendance of minors to drag shows. Referred to Senate Judiciary, 1/11/24, then Senate Finance Committee.

 

SB 246 (Taylor) – Removing rape and incest exceptions to obtain abortion in WV. Referred to Senate Health and Human Resources, 1/11/24, then Senate Judiciary Committee.

 

SB 280 (Grady, Roberts, Taylor, etc.) - The purpose of this bill is to allow teachers in public schools, including public charter schools, that include any one or more of grades Kindergarten through 12 to address intelligent design as a theory of how the universe and/or humanity came to exist. Passed the Senate moved to the House, 1/23/24.

 

SB 284 (Smith) – Fetal Heartbeat bill. No abortions after detection of a fetal heartbeat. Referred to Senate Health and Human Resources, 1/11/24, then Senate Judiciary Committee.

 

SB 505 (Maynard) – Parent’s Bill of Rights. The parental right to direct education includes, but is not limited to, the right to choose, as an alternative to public education, private, religious, or home schools, and the right to make reasonable choices within public schools for one's child. Referred to Senate Judiciary Committee, 1/22/24.

 

SB 515 (Grady) – Prohibiting public schools from requiring students to participate in sexual orientation instruction. Referred to Senate Education 1/23/24, then Senate Judiciary Committee.

 

Senate Joint Resolution 6 (SJR 6) - Proposing an amendment to the Constitution of the State of West Virginia, amending section 47, article VI thereof, relating to authorizing the incorporation of religious denominations; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment. Referred the Senate Judiciary, 1/22/24, then Senate Finance Committee. *They are running the religious incorporation constitutional amendment that was voted down in the 2022 election.

*One other issue to discuss concerns Christian school teachers who want to earn a state teaching certificate. I am currently working with Amiee Stiles at Appalachian Bible College to change the current state policy on allowing new teacher education graduates from Christian colleges the ability to earn an initial WV teaching certificate and advance that into a permanent professional teaching certificate.

 

*General thoughts and observations

Mike Wilson

Mike Wilson

Mr. Mike Wilson, the WVCEA Legislative Liason, has a rich educational, governmental, and experiential background that he brings to his role with WVCEA. Mike monitors legislation in Charleston and works to preserve freedoms for our Christian schools, churches, and families

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