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West Virginia Education Association

Legislative Update

Legislative Wrap-up

The 2025 West Virginia Legislative Session concluded at midnight on Saturday, April 12. We appreciate everyone who took the time to contact their legislators during the session to advocate for public education and education employee issues. It is crucial that we continue to have conversations with legislators to convince them to support and improve our public schools.

Unfortunately, this session resulted in reduced accountability for private and home schools, large increases in public money being diverted away from public education to be spent on private and home education, and Band-Aid solutions to complex issues. The only increase in education funding was an additional $100 million allocated to the Hope Scholarship, which takes money away from public education. Key issues like stabilizing PEIA costs, salary increases, school funding formula, foster care system, and others, were left unresolved with talk of a potential special session this summer. The events of the past 60 days have demonstrated that the majority of our elected officials simply do not value public education.

A number of education-related bills passed during this session, and some have already been signed into law by Governor Morrisey. The following bills were passed by the legislature.

  • HB 2003 limits the use of cell phones in the classroom setting. The bill defines a “Personal Electronic Device” as any portable device capable of wireless communication or computing including, but not limited to, cell phones, tablets, laptops, smartwatches, and portable gaming systems not provided by a county board of education. The bill allows county boards to adopt their own policies to further describe where and how the devices may be used and stored, but requires all violations be documented in WVEIS and the data is to be reviewed annually by the school’s LSIC. The governor signed the bill on April 29 and it goes into effect on July 9, 2025.
  • HB 2129 is known as the Parents’ Bill of Rights. The bill gives parents the ability to direct the education, moral or religious training, and medical care of their children. The bill allows any aggrieved person to bring an action for injunctive relief against a person who engages in conduct that constitutes a violation of the bill in circuit court. The circuit court may grant any appropriate injunctive relief to prevent or abate the conduct, including a temporary restraining order, preliminary injunction, or permanent injunction. The governor signed the bill on April 14 and it goes into effect on July 2, 2025.
  • HB 2164 would allow both public and private schools in West Virginia to employ security personnel and describe who could be hired and what their training would consist of. School security personnel may detain, but not arrest, and may carry a firearm. The governor signed the bill on April 25 and it goes into effect on July 11, 2025.
  • HB 2167 relates to code provisions in public charter schools. The bill clarifies that public charter schools may not charge full-time tuition and may only charge such tuition or fees as may be imposed by non-charter public schools in West Virginia, for part-time Hope Scholarship enrollment or for participation in student activities. The bill allows a closing public school to be eligible for a fast-track charter school conversion for its upcoming school year and provides a tracking process for when a parent or guardian withdraws a student from a public charter school. The governor signed the bill on April 29 and it goes into effect on July 10, 2025.
  • HB 2411 relates to required graduation credits and mandates one full credit hour in Computer Science taught in grades 8–12. The course may substitute one math credit or one personalized education plan credit and the requirement would begin with the entering ninth grade class of 2027–2028. The governor signed the bill on April 30 and it goes into effect on July 10, 2025.
  • HB 2499 requires a training course for principals employed in the public schools, appropriate central office personnel, superintendents, and county board of education members. The course covers subject areas such as workplace rights and protections as well as IEP formats and requires principals to cover this information in person with staff. The governor signed the bill on April 29 and it goes into effect on July 1, 2025.
  • HB 2513 enhances training requirements for county board of education members. The training requirement would increase from seven to 12 hours, encompassing fiscal management and IDEA issues. This bill also establishes a rate of $260 per meeting for board reimbursement unless a county decides to pay less. The governor signed the bill on April 14 and it goes into effect on July 3, 2025.
  • HB 2548 clarifies the duties of the state superintendent regarding rule implementation. The bill requires the State Superintendent to report annually to the Legislative Oversight Commission on Education Accountability (LOCEA) regarding the implementation of state board rules in each county school district. It provides a mechanism to reduce funding for counties that are out of compliance and requires the state superintendent to devise a remediation plan for them. The governor signed the bill on April 14 and it goes into effect on July 1, 2025.
  • HB 2755 focuses on legislative control over the Department of Education. The bill would eliminate the State Board’s constitutional authority to pass policies and exercise general supervision over public schools. It will allow politicians the ability to make decisions impacting the operation of public schools. This bill is similar to the Constitution Amendment rejected a few years ago by the citizens of WV. This bill became law without governor’s signature and it goes into effect on July 11, 2025.
  • HB 3125 removes restrictions on teachers receiving permanent teaching licenses. The bill removes additional course work needed to receive a permanent teaching certificate when teachers have a bachelor’s degree and 10 years teaching experience, hold a valid teaching certificate, and do not have any unsatisfactory evaluations. This bill is effective from passage.
  • HB 3166 sets requirements for school safety mapping data. It also makes plans available to law enforcement and other agencies. The governor signed the bill on April 29 and it goes into effect on July 11, 2025.
  • HB 3209 provides that, beginning August 1, 2025, each county shall employ two school counselors to each 1,000 students to net enrollment. The counties may follow the ratio of one counselor to every 400–450 students in elementary and middle school, one counselor to every 250–300 in high school. The governor signed the bill on April 28 and it goes into effect on July 1, 2025.
  • HB 3356 is the supplemental appropriation of $28.4 million for the Hope Scholarship. This bill is effective from passage.
  • HB 3357 uses lottery surplus funds for a supplemental appropriation of $33.8 million to the Hope Scholarship. This bill is effective from passage.
  • SB 154 provides that school employees are prohibited from providing instruction related to sexual orientation or gender identity, but does not prohibit 1) responding to student questions during class regarding sexual orientation or gender identity as it relates to any topic of instruction; 2) referring to the sexual orientation or gender identity of any historic person, group, or public figure when such information provides necessary context in relation to any topic of instruction; 3) referring to sexual orientation and gender identity if necessary to address a disciplinary matter, such as an instance of bullying; or 4) referring to sexual orientation and gender identity as part of curriculum established in a dual enrollment or advanced placement course. School employees are prohibited from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the student’s biological sex. Teachers and other school employees are required to report a student’s request for an accommodation that is intended to affirm a change in the student’s gender identity that is different from a student’s biological sex, including a request to change names or pronouns, to an administrator. The administrator then is required to report the student’s request to the student’s parent, custodian, or guardian. Parents may file complaints pursuant to WVBE Policy 7211. School personnel found in violation of this section may be subject to discipline or dismissal pursuant to W. Va. Code §18A-2-8. The governor signed the bill on April 30 and it goes into effect on July 11, 2025.
  • SB 199 addresses disruptive student behaviors. Teachers may exclude from class students who are guilty of disorderly conduct; who interfere with an orderly education process; who obstruct the teaching and learning process of others; who threaten, abuse, or intimidate a school employee or student; who willfully disobey a school employee; or who use abusive or profane language directed at a school employee. Counties may partner with licensed behavioral health agencies to correct student behaviors. Students in alternative placements must regularly meet with a school social worker, behavioral specialist, board certified behavior analyst, school psychologist, or other qualified employee with expertise in the behavioral area to address behavioral and mental health concerns and to assist in developing a transition plan back to the classroom. When a grade kindergarten through six teacher in an elementary setting, or pre–K teacher at a publicly funded pre–K facility, determines that the behavior of the student is violent, threatening, or intimidating toward staff or peers, or creates an unsafe learning environment or impedes on other students’ ability to learn in a safe environment, the student shall be referred to the school counselor, school social worker, school psychologist, or behavior interventionist who shall conduct a functional behavioral assessment to assess underlying causes of the student’s behavior. A behavioral plan established by the counselor shall be followed for a period of two weeks. After that, a re-evaluation of the student’s behavior shall be conducted and if adequate progress is being made, the behavioral plan shall continue. If the evaluation does not show adequate progress, the principal, teacher, and school counselor, school social worker, school psychologist, or behavior interventionist shall determine whether the plan needs to be changed. If the plan is amended and, after another period of two weeks, the student still has not shown adequate progress then the student shall be placed in a behavioral intervention program or with a licensed behavioral health agency the county has established, has partnered with another county board to establish, or has gained access to for its students through an agreement with another county board for the purpose of addressing such behaviors. If the county board has not established, partnered with another county board to establish, or gained access through an agreement with another county board to a behavioral intervention program: (1) The student shall be removed from the classroom immediately after the incident and removed from the presence of other students for the remainder of the school day; (2) The parents shall be notified and shall pick the student up from school preferably immediately, but by the end of the day at the latest, upon which the student shall be considered suspended from school; (3) If a student has to ride the bus home, that student shall ride the bus under the supervision of a principal, vice principal, or an individual designated by the principal to ensure the safety of the student, the bus driver, and other students on the bus; (4) The student shall continue to be suspended for the next one to three school days while alternative learning accommodations are made; (5) The student may be evaluated under Child Find and may be referred for a functional behavior analysis pursuant to the Individuals with Disabilities Education Act; (6) The student shall receive his or her education through the alternative learning accommodations and may not return to school until a risk assessment is done; (7) After the risk assessment, the student’s return to school shall be on a provisional basis for a period of five to 10 days. If another incident as described in this subsection occurs within that time frame, or repeated instances occur following the time frame, the student shall be subject to the provisions of §18A-5-1a for purposes of expulsion; (8) If the virtual school option is the agreed upon method of alternative education, then the student can begin the program at such time the decision is made; and (9) If the principal or vice principal disagree with the actions of the teacher, the principal or vice principal may provide written documentation on their disagreement, the teacher may provide written documentation on their disagreement, and both the principal/vice principal or the teacher may appeal to the county superintendent. When a grade six through 12 teacher, excluding an elementary school teacher, determines that the behavior of the student is disorderly conduct, is interfering with an orderly educational process, or obstructs the teaching or learning process of others in the classroom: (1) The student may be excluded from that teacher’s classroom and, if excluded, may not re-enter that teacher’s classroom for at least the remainder of the instructional day; The principal shall communicate with the teacher within 24 hours of the student being excluded from the teacher’s classroom about the exclusion; The teacher has 24 hours to create an electronic record and place the report of this action into the WVEIS without any repercussion to the teacher; and if the student is removed from a classroom a total of three times in one month the student shall receive, as determined by the principal, an in-school suspension, an out-of-school suspension, or may be considered for placement in an alternative learning center or with a licensed behavioral health agency if one is available within the school district. The governor signed the bill on April 15 and it goes into effect on July 2, 2025.
  • SB 275 removes the requirement that school cooks or custodians hold a high school diploma or equivalent. This bill is effective from passage.
  • SB 280 requires the display of the official motto of the United States (In God We Trust) in all public elementary and secondary schools in a common area of the building that is accessible to the public. Schools may accept and use private donations for this purpose and no public funds may be used. The governor signed the bill on April 29 and it goes into effect on July 11, 2025.
  • SB 282 continues, until 2030, to permit a person receiving retirement benefits under the Teachers Retirement System to accept employment as a critical needs substitute teacher or bus operator for an unlimited number of days each fiscal year if a county adopts a critical need policy that is approved by the State Board of Education. When a retired teacher or bus operator is employed as a critical needs substitute to fill a vacant position, the county board shall continue to post the vacant position until it is filled with a regularly employed teacher who is fully certified or permitted for the position, however, the posting is only required to occur once at the beginning of the year and once mid-year; the posting requirement does not apply when filling a teaching position of a regular teacher on leave of absence and does not apply when a position is filled with a regularly employed teacher who is fully certified or permitted for the position but the teacher is not available at the time he or she accepts the position. This bill is effective from passage.
  • SB 283 expands the grade levels of personal finance course requirements for grades 8–12. The governor signed the bill on April 1 and it goes into effect 90 days from passage.
  • SB 449 allows compressed air and rimfire shooting teams in public schools. The bill permits air rifles and rimfire rifles on school buses solely during transportation to or from a school-sponsored shooting team event, on the grounds of any primary or secondary educational facility of any type for shooting team purposes. It also requires that during the school day or at any time other than school-sponsored team events or practices, the air rifles and rimfire rifles be locked up in a location where students do not have access. The governor signed the bill on April 24 and it goes into effect on July 10, 2025.
  • SB 474 ends diversity, equity, and inclusion programs. A school district, a public charter school, the West Virginia Board of Education, the West Virginia Department of Education, or any employee of the aforementioned entities may not provide instruction in, require instruction in, make part of a course, or require a statement or affirmation by any employee of the following concepts: (1) One race, ethnic group, or sex is morally or intellectually superior to another race, ethnic group, or sex for any inherent or innate reason; (2) An individual, by virtue of the individual’s race, ethnicity, or sex, is racist, sexist, or oppressive, whether consciously or unconsciously for any inherent or innate reason; (3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race, ethnicity, or sex; (4) An individual’s moral character is strongly influenced by the individual’s race, ethnicity, or sex; (5) An individual, by virtue of the individual’s race, ethnicity, or sex, bears responsibility for actions committed by other members of the same race, ethnic group, or sex; (6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or sex; and (7) Academic achievement, meritocracy, or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group, or sex to oppress members of another race, ethnic group, or sex. It does not prohibit: (1) The discussion of those concepts in theory as part of an academic course if discussion of alternative theories is also included in the course; (2) The discussion, examination and debate that race, ethnicity, or sex has impacted historical or current events, including the causes of those current or historical events; (3) The right to freedom of speech protected by the First Amendment of the United States Constitution and the West Virginia Constitution outside the context of employment with any school district or public charter school; and (4) An office or position operating with the sole and exclusive mission of ensuring legal compliance under Title IX of the federal Education Amendments Act of 1972 or the West Virginia Human Rights Act. Any student, parent, or guardian of a student, or employee aggrieved by an alleged violation of this section may file a complaint with the school principal. Appeals to adverse ruling or no rulings may be filed with the county superintendent and State Superintendent. Each school principal shall report the number of complaints filed with him or her the previous school year, the nature of each complaint, and the resolution of each complaint to the county superintendent annually by August 1. The county superintendent shall report the number of complaints filed in his or her county the previous school year, the nature of each complaint, and the resolution of each complaint to the State Superintendent annually by September 1. County board and public charter school employees shall not be: (1) Required to use a student’s preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student’s sex; (2) Civilly liable for using a pronoun that is consistent with the sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student’s preferred pronoun; and (3) Subject to an adverse employment action for not using a student’s preferred pronoun if the student’s preferred pronoun is inconsistent with the student’s sex. The bill also contains similar provisions for higher education, and prohibits state agencies from any action, attempt, or effort to: (A) Influence hiring or employment practices with respect to race, color, sex, ethnicity, or national origin, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal anti-discrimination laws; (B) Promote or provide special benefits to individuals on the basis of race, color, ethnicity, or national origin; (C) Promote policies or procedures designed or implemented in reference to race, color, ethnicity, or national origin, other than to ensure compliance with an applicable court order or state or federal law; or (D) Conduct trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, or national origin, other than trainings, programs, or activities developed for the sole purpose of ensuring compliance with an applicable court order or state or federal law. It also prohibits any department, division, agency, or board of this state from (1) Establishing or maintaining an office or division or other unit by any name whose purpose, in whole or in part, is the promotion of diversity, equity, and inclusion; (2) Hiring or assigning an employee or contract with a third party to promote diversity, equity, and inclusion; (3) Compelling, requiring, inducing, or soliciting any person to provide a diversity, equity, and inclusion statement or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement; (4) Giving preference on the basis of diversity, equity, and inclusion to an applicant for employment, an employee, or a participant in any function of the office or department; or (5) Requiring as a condition of employment that an employee participate in diversity, equity, and inclusion training. The governor signed the bill on April 30 and it goes into effect on July 11, 2025.
  • SB 531 relates to offenses on athletic officials. The bill makes it a crime for assault and battery against athletic officials including coaches, administrators, school officials, etc. This bill was vetoed by the governor.
  • SB 581 expands the criteria for excused absences for students. Originally, the bill focused on exempting 4-H activities. It was amended to include all WVDE-sanctioned student organizations, such as SkillsUSA, FBLA, HOSA, and the Common Ground Partnership. Additionally, the bill allows for up to five excused college visits. The governor signed the bill on April 24 and it goes into effect on July 11, 2025.
  • SB 650 relates to full-time interventionists. The bill clarifies that a full-time interventionist hired and assigned to up to two classrooms satisfies the early childhood assistant teacher, aide, or paraprofessional-related requirements for kindergarten through third grades in both classrooms. A part-time interventionist may only be assigned to one classroom. This bill is effective from passage.
  • SB 765 establishes the Troops-to-Teachers Program. This provides a pathway for military veterans to become certified teachers without going through traditional teacher training programs. The governor signed the bill on April 30 and it goes into effect on July 11, 2025.
  • SB 912 relates to the student growth assessment program. The bill requires the program to be composed of benchmark assessments administered in the first 30 days of the school year, mid-year, and at the end of the school year to determine student progression in reading and mathematics in grades 4–8. The governor signed the bill on April 25 and it goes into effect on July 11, 2025
  • SB 914 removes requirements for private and church schools to report assessment data to the public, parents, and the State Board of Education unless requested. The bill also changes the amount of instructional time in the private and church schools to the equivalent of 900 hours. This bill is effective from passage.

Failed to pass:

  • HB 2143 required elementary school teachers to be certified in the science of reading. This bill would have required teachers to take 130 hours in the science of reading. The training would have been provided free of charge by the West Virginia Department of Education. The hours would have counted toward a master’s degree or plus hours for salary purposes. There was no funding to compensate teachers for their time spent completing the training.
  • HB 2187 allowed teachers, administrators, and support personnel in grades K-12 to carry concealed firearms, tasers, and/or pepper spray and be designated as a school protection officer (SPO). This bill never made it out of committee.
  • HB 2515 provided mechanisms to remove disruptive students and completed risk assessments for those identified as violent, threatening, or intimidating. Schools with a behavior interventionist could have requested a waiver of the requirements as long as they could show a successful program. There was no funding to assist schools in implementing the required assessments and alternate settings and may have resulted in early learners being placed in virtual settings for long expulsion periods.
  • HB 2635 ensured classroom sizes in grades K–2 remained equal without losing a teacher’s aide.
  • HB 2776 required Department of Health to report positive Alpha Gal tests to CDC. However, the Senate Health Committee amended the bill by adding language from SB 460, providing vaccine exemptions. SB 460 failed on the House floor, and this was an attempt to revive the bill.
  • HB 2973 pertained to the venue for legal actions against the WVSSAC.
  • HB 3422 required the State Board of Education to design, test, and deploy an internet-based reporting system to be known as the School Choice Portal. This endeavor would have cost a staggering $873,000 in the first year and $780,000 each year thereafter. In a year when there seems to be no funding to address the real needs of public education, there always seems to be funding for home school/private school initiatives. 
  • HB 3452 would have transferred administration of Advanced Career Education (ACE) classes and programs from county boards of education to community and technical colleges.
  • SB 37 allowed certain Teachers Retirement System members to exchange unused leave for monetary compensation. To incentivize attendance, any classroom teacher who first became a member of the Teachers Retirement System on or after July 1, 2015,could have sold up to 10 unused days of personal leave back to the county board at the end of the school year in exchange for a salary enhancement equal to 80%, per day, of the pay rate used by the county board to compensate substitute teachers having a bachelor’s degree and 10 years of experience. The bill died in House Finance Committee. 
  • SB 89 created alternative high-risk population public charter schools. The purpose of this bill was to authorize alternative high-risk population public charter schools and provide for rulemaking by state board to determine funding. The high-risk charter school would have had to maintain a 70% ratio of students which is identified as high risk.
  • SB 197 limited the requirements for issuance of professional teaching certificate. The purpose of this bill was to limit certain Praxis requirements.
  • SB 460 was the governor’s vaccine bill that allowed for religious exemptions and physician exemptions from mandatory vaccination requirements. This bill would have put our children, immunocompromised individuals, and communities at risk for unnecessary disease. The House rejected this bill.
  • SB 547 created the Charter Schools Startup Fund. Subject to funding availability, each qualifying charter school applicant or charter school would have been awarded an initial grant of up to $300,000.00, with an additional $100,000.00 to be awarded later. The bill died in House Finance Committee.
  • SB 548 created the Safety and Violence Education for Students Act. The bill would have added a new section of code that required all schools serving students grades six through 12 to provide to students at least one hour, or one standard class period, of evidence-based youth violence prevention training each school year and required all schools serving students grades K–12 to provide to students at least one hour, or one standard class period, of evidence-based social inclusion training each school year.
  • SB 585 was the Cohen Craddock Student Athlete Safety Act. The bill would require the use of guardian caps during high school and middle school football practices, provide warranty and certification related to the usage of certain safety equipment, and establish the Cohen Craddock Memorial Grant Program, honoring the life of a Madison Middle School student who lost his life after a head injury sustained at football practice.
  • SB 646 increased the number of non-traditional instruction days available from five to 10 and made out-of-calendar days unavailable for rescheduling as instructional days for any reason.
  • SB 911 related to adjunct teaching permits. The bill would have allowed adjunct teaching permits to be issued in our K–12 schools for specific classes, such as math and science, to individuals who had no teacher training.

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Week One