Wednesday, April 16, 2025

West Virginia Enacts Parents' Bill of Rights

On April 14, West Virginia Governor Patrick Morrisey signed HB 2129, the Parents' Bill of Rights (full text). The new law provides in part:

(a) All parental rights are reserved to the parent of a minor child in this state ...  including, but not limited to ...: (1) The right to direct the education and care of his or her minor child. (2) The right to direct the upbringing and the moral or religious training of his or her minor child. (3) The right to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law. (4) The right to access and review all school records relating to his or her minor child. (5) The right to make health care decisions for his or her minor child, unless otherwise prohibited by law.

Under the new law, the state may interfere with parental rights only if it demonstrates that its action is reasonable and necessary to achieve a compelling state interest, is narrowly tailored, and is not otherwise served by a less restrictive means.