HB 5148 proposes the creation of a formal “Student Bill of Rights” to be added as a new section (§18A-5-1e) within the state’s Code. The bill articulates a comprehensive set of rights intended to guarantee meaningful public education, student input, safety, oversight, and constitutional freedoms within West Virginia public schools.
Right to meaningful public education and high standards
- Establishes that every student is entitled to a meaningful public education and a system that adequately and equitably responds to individual student needs.
Right to a meaningful curriculum and student input
- Students have the right to access a meaningful curriculum.
- Students may voice opinions and provide input into the development of the public school curriculum.
Right to participate in matters affecting education quality and rules
- Students may express views on education quality and content.
- Students may participate individually or via elected representatives in developing applicable rules and regulations.
Right to notice and access to rules/regulations
- Students must receive adequate and timely notice of all rules, regulations, policies, and sanctions.
- All rules/regulations must be in writing and accessible to all students.
- Copies of Board of Education rules must be kept in public school libraries or appropriate locations.
- A copy of the Student Bill of Rights must be provided to each student upon registration.
Right to safety and property protection
- Ensures physical safety and protection of personal property.
- Requires safe and sanitary school buildings and facilities.
Right to consultation with school personnel
- Students have the right to adequate consultation with teachers, counselors, administrators, and other personnel.
Right to choose peers and hold office in student organizations
- Students may freely elect peers to positions in student organizations and may seek/hold office.
Right to access school records
- Students and their parents/authorized representatives can inspect and review official records related to the student.
- Notification provided if adverse comments are placed in a student’s records.
Right to non-discrimination and equal access
- Prohibits discrimination in participation based on race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, handicapping condition, or other unlawful bases.
Right to equal opportunity in competitive programs
- In programs or activities that are competitively based, students must have an opportunity to compete on an equal basis.
Right to decline participation in activities conflicting with beliefs
- Students may refuse to participate in activities contrary to their moral, religious, or political beliefs.
Right to be treated with respect; prohibition of corporal punishment
- Prohibits ridicule, harassment, or demeaning treatment.
- Explicitly prohibits corporal punishment.
Right to search and seizure for safety
- Designated school officials may conduct reasonable searches to maintain safety and educational atmosphere, consistent with the code.
Right to defend oneself with limited, reasonable force
- Students may use reasonable physical means to defend against assault and shall not be suspended for using such force to restrain others in certain situations.
Right to petitions and prompt responses
- Students can present petitions/grievances and receive prompt, authoritative replies.
- Grievance procedures are described in the code (with separate provisions for harassment/sexual harassment).
Right to impartial hearings when entitled
- Hearings conducted under the title must be impartial, with all other applicable hearing rights preserved.
Right to free constitutional expression
- Students may exercise free speech, assembly, and expression without prior restraint, as long as it does not substantially interfere with others’ rights.
Specifics on free expression rights (examples)
- Wearing political symbols, organizing political/social groups.
- Use of student bulletin boards (with school adoption/approval processes for broader use).
- Distribution of posters/newspapers/contact through school channels and public address systems within reasonable times and standards.
- Ensuring free expression does not compromise academic performance or participation in activities.
Note: The document uses strike-throughs and underlines to indicate additions to the existing code; the substantive effect is to codify a broad, enumerated set of student rights within the WV public school system.
If you’d like, I can compare HB 5148 to existing WV law or draft a quick policy-by-policy impact matrix for school districts.
