Passed with Impact: WV SB154's Journey to Reshape School Discussions on Gender and Sexuality

A New Chapter for West Virginia Schools: SB154 Becomes Law

West Virginia has enacted Senate Bill 154, a piece of legislation that fundamentally alters how public schools can address topics of sexual orientation and gender identity. Signed into law on April 30, 2025, after a contentious journey through the legislature, SB154 aims to, according to its final text, prohibit most instruction on these subjects, require parental notification if students request gender-affirming accommodations, and penalize school employees for providing what the bill deems 'false or misleading information' to parents about a student's gender identity.

LegiEquity's analysis reveals a significant potential impact, scoring the bill with an 80% Overall Bias (High Confidence). This bias is particularly pronounced for gender minorities, with a 90% Bias score for Transgender (TG) individuals, an 80% Bias for Gender Queer (GQ) individuals, and an 80% Bias for Non-Binary (NB) individuals. These scores suggest the law could disproportionately and negatively affect these student populations.

The Core of SB154: What the Law Mandates

The final, enrolled version of SB154, which became law, establishes several key provisions for West Virginia public schools:

Prohibition on Instruction: Section (b) states, "A public school may not provide instruction related to sexual orientation or gender identity."
- Exceptions to Prohibition: The bill does allow for discussion under specific circumstances:
  - A teacher responding to student questions during class regarding sexual orientation or gender identity as it relates to any topic of instruction.
  - Referring to the sexual orientation or gender identity of any historic person, group, or public figure when such information provides necessary context.
  - Referring to sexual orientation and gender identity if necessary to address a disciplinary matter, such as bullying.
  - Referring to sexual orientation and gender identity as part of curriculum established in a dual enrollment or advanced placement course.
No False Information to Parents: Public schools and their 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" (Section c).
Mandatory Parental Notification: If a student requests an accommodation to affirm a gender identity different from their biological sex (including using different names or pronouns), school employees must report this to a school administrator, who must then report it to the student's parent, custodian, or guardian (Section d).
Complaint and Enforcement: Parents can file complaints for violations under West Virginia Board of Education Policy 7211. School personnel found in violation may face discipline or dismissal. The Attorney General is also empowered to enforce compliance (Sections e, f, h).

SB154's Legislative Odyssey: A Path Paved with Changes

SB154's journey began on February 12, 2025, when it was filed for introduction in the Senate, primarily sponsored by Senator Amy Nichole Grady (Rep, SD-004), whose LegiEquity effectiveness score is 40.0, alongside a slate of Republican co-sponsors. The bill did not have bipartisan support.

In the Senate:

The bill was initially referred to the Senate Education Committee (Power Score: 70.0) and then to the Judiciary Committee (Power Score: 47.0).
The Education Committee reported a committee substitute on February 21, sending it to Judiciary.
The Judiciary Committee then reported a committee substitute for the committee substitute on February 28. This indicates significant revisions were made at the committee level.
The bill proceeded through its readings, with a floor amendment being rejected by a voice vote on March 4.
On March 6, 2025, SB154 passed the Senate with a decisive vote of 33 Yea to 1 Nay (Roll No. 66) and was ordered to the House.

A Crucial Shift: It's important to note that the introduced version of SB154 focused on allowing parents to opt their children out of instruction related to sexual orientation and gender identity. The bill's language then was: "prohibiting a public school student from being required to participate in instruction related to sexual orientation and gender identity if a parent, custodian, or guardian of the student objects in writing." The enrolled version, however, shifted to a broader prohibition of such instruction, with limited exceptions.

In the House of Delegates:

The House received the bill on March 10 and referred it to its Education Committee (Power Score: 42.0) and then Judiciary.
After a markup discussion in the House Education Committee on April 2, the committee recommended the bill "do pass" with an amendment on April 8, but also that it go to Judiciary.
In a significant procedural move on the same day (April 8), the House voted 74 Yea to 13 Nay (Roll No. 420) to dispense with the second reference to the Judiciary Committee, fast-tracking the bill.
The bill moved quickly through House readings. On April 11, a floor amendment was rejected (11 Yea to 88 Nay, Roll No. 550), but a committee amendment was adopted by voice vote.
Later on April 11, SB154 passed the House with a strong majority of 82 Yea to 17 Nay (Roll No. 551). A title amendment was also adopted.

Final Steps:

The bill returned to the Senate, which, on April 12, concurred in the House amendments and passed the bill 32 Yea to 1 Nay (Roll No. 598).
Legislative action was completed on April 12. The bill was sent to the Governor on April 21 and was approved on April 30, 2025.

The Political Climate and LegiEquity's Analysis

The passage of SB154 occurred in a legislative session where it lacked bipartisan support, as indicated by LegiEquity data. The voting patterns—overwhelmingly in favor in both chambers, primarily along party lines given the Republican majority in West Virginia—underscore the political momentum behind such measures.

LegiEquity's analysis, flagging an 80% overall bias and particularly high bias scores (up to 90% for transgender individuals), points to concerns that the law may create a less inclusive and potentially harmful environment for LGBTQ+ students. The shift from an opt-out system to a near-total prohibition on instruction, coupled with mandatory parental notification for gender affirmation requests, raises questions about student privacy, access to supportive school environments, and the ability of educators to address diverse student needs and experiences comprehensively.

For example, the provision requiring school employees to report a student's request for gender-affirming accommodations (like using a different name or pronoun) to their parents could put students who are not ready or safe to come out at home in a difficult or dangerous position. This is a key driver of the high bias score for transgender students.

National Trends and Broader Implications

SB154 is not an isolated piece of legislation. It mirrors a broader national trend of bills in various states aimed at restricting discussions of LGBTQ+ topics in schools, often under the banner of "parental rights." Florida's HB 1557, dubbed the "Don't Say Gay" law by critics, is a prominent example, which initially prohibited classroom instruction on sexual orientation or gender identity in kindergarten through grade 3 and was later expanded.

These laws often spark intense debate, pitting arguments for parental control over children's education against concerns for LGBTQ+ student well-being, inclusivity, and the professional discretion of educators. Proponents argue that such topics are best handled by parents and that schools should focus on core academics. Opponents contend that these laws can stigmatize LGBTQ+ students, erase their identities from the curriculum, create hostile school environments, and undermine efforts to foster understanding and respect for diversity.

The historical context of "parental rights" in education is long and varied, but its current application to restrict LGBTQ+ content is a relatively recent and highly politicized development. The passage of SB154 in West Virginia adds another state to this evolving landscape, signaling a significant policy shift with potentially far-reaching consequences for students, educators, and school communities across the Mountain State.

As West Virginia schools prepare to implement SB154, the real-world impact on classroom environments, student mental health, and the broader educational mission will be closely watched by advocates, families, and policymakers alike.

LegiEquity analyzes proposed legislation to determine its potential impact on various demographic groups. Our goal is to provide objective insights into how laws may affect different communities.