The Senate passed bills on Tuesday to end diversity, equity and inclusion policies in West Virginia, as well as to give the Legislature ultimate authority over state board of education policies.
Senate Bill 474 introduced at the request of the Governor, would ban concepts in state government and academia connected to diversity, equity and inclusion.
The legislation seeks to eliminate DEI programs, training, activities, offices, and officers from West Virginia’s executive branch, primary and secondary schools, and higher education institutions. The bill would prohibit state entities from establishing DEI offices, hiring DEI personnel, requiring diversity statements, giving preferential treatment based on DEI, and mandating DEI training.
At its core, the bill would forbid hiring preferences based on race, ethnicity or sex.
More specifically, the legislation would restrict the imposition of certain concepts related to race and gender on students and employees, and prevent employees from being compelled to use preferred pronouns that do not align with someone’s biological sex at birth.
The bill passed on a 32-2 party line vote.
Also on Tuesday, the Senate passed a bill that would establish the Legislature’s ultimate authority over educational rules, mandating that newly created rules be submitted for legislative review, approval, amendment or rejection.
Senate Bill 705 would require the state board of education to submit newly promulgated rules to the Legislature through the Legislative Rule-Making Review Committee.
The state board of education’s authority is laid out in the state Constitution, which states “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.” The state Supreme Court has upheld this language multiple times.
West Virginia voters rejected a constitutional amendment in 2022 that would given the Legislature the authority that this bill seeks to give.
Supporters of this bill today said that the constitutional amendment was on the ballot with several others three years ago and that voters were confused. They also contend that the Supreme Court has been wrong in its rulings, misinterpreting the law multiple times.
Critics of the bill said they are reluctant to go against the will of the voters and that the people of West Virginia have stated clearly that they don’t want non educators messing with the educational process. They also believe that if this bill passes it will be ruled unconstitutional.
The legislation passed on a 19-15 vote.
The bills now head to the House of Delegates for consideration.
UPDATE:
The Senate returned to the floor at 4:30 p.m. and completed the calendar, reading bills a second and first time.
The Senate is adjourned until tomorrow, March 27, at 11 a.m.
Senate Education will meet tomorrow, March 27, at 9:30 a.m.
