SB 870 — Restoring Sanity Act

"Diversity, Equity, and Inclusion (DEI)":

(1) Means an effort to promote racial diversity in an aspect of a healthcare related academic program;

a reference to group differences within a given setting along cultural, ethnic, gender, gender identity, national origin, race, religion, or sexual orientation lines;

and promulgating policies, practices, and procedures designed or implemented with reference to those group differences;

and Intr SB 2024R3950 (2) Does not include equal opportunity or equal employment opportunity materials designed to inform individuals about the prohibition on discrimination based on protected status under state and federal law;

"Healthcare provider" means public hospitals and public healthcare providers, including, but not limited to, hospitals, doctors' offices, outpatient clinics, medical testing sites, medical labs, physical or occupational therapy or rehabilitation providers, chiropractors, dentists, optometrists, mental health and clinical social workers, and related providers;

"Healthcare-related academic program" means a healthcare-related area of study designed to prepare students for employment as or with a healthcare provider by conferring a degree or certification, including, but not limited to, nursing, pre-medical school majors, medical doctor degrees, psychiatry, clinical social work, dentistry, dental hygiene, physical or occupational therapy, chiropractic care, medical equipment technicians, and all other related fields;

"Healthcare-related professional licensing board" includes public licensing boards for audiology and speech pathology, chiropractic, dentistry, dietetics and nutrition, medicine, osteopathy, long-term care, mental health and human services, massage therapy, nursing, occupational therapy, optometry, pharmacology, physical therapy, podiatry, professional counseling, psychology, and social work;

and "Medical institution of higher education" means a state institution of higher education offering bachelor's, master's, or doctoral degrees;

or a trade school offering healthcare-related degrees, certification programs, or training that receives state funds.

§16-67-3.

Annual higher education certification.

(a) A medical institution of higher education shall annually certify to the Secretary of the Department of Health and the Higher Education Policy Commission or Council for Community and Technical College Education, as applicable, by December 31 that the institution does not require:

(1) Applicants to ascribe to DEI ideologies or discriminate against applicants who do not ascribe to DEI ideologies during the application process;

or Intr SB 2024R3950 (2) Admitted students to study or ascribe to DEI ideologies within the student's medical institution of higher education.

(b) A medical institution of higher education shall publish the titles and syllabi of all mandatory courses, seminars, classes, workshops, and training sessions on the institution's website in an online database that is readily searchable by the public.

(c) A medical institution of higher education shall not conduct internal DEI audits or otherwise engage DEI consultants.

§16-67-4.

Standardized admissions test required.

(a) Medical institutions of higher education shall require a standardized admissions test focused on knowledge and critical thinking around science and medical training, as a requirement for admission.

(b) Before a medical institution of higher education may alter the academic standards for the admission of new students to a healthcare-related course of study or for the conferral of a healthcare-related degree or certificate, the medical institution of higher education shall submit to the President of the Senate, the Speaker of the House of Delegates, and the Higher Education Policy Commission or Council for Community and Technical College Education, as applicable:

(1) A copy of the proposed academic standards;

(2) A concise general statement explaining the proposed standards;

and (3) The proposed effective date of the proposed standards.

(c) The proposed standards described in subsection (b) of this section become effective no earlier than 60 days after the medical institution of higher education has complied with subsection (b).

(d) The proposed standards described in subsection (b) of this section do not become effective if, within 60 days of receiving the information required in subsection (b) of this section, the Legislature passes, and the governor approves, a joint resolution expressly disapproving the proposed standards.

If such a resolution is passed and approved, then the proposed standards Intr SB 2024R3950 are null and void and of no effect.

§16-67-5.

Prohibiting certain conditions for obtaining or renewing licenses.

(a) Healthcare-related professional licensing boards shall not adopt or impose, as a condition of obtaining or renewing licenses, any incentives, or requirements that applicants for licensures undergo, demonstrate familiarity with, or support any DEI training, education, material, or program.

(b) Organizations that issue state-required, healthcare-related professional licenses and certifications shall not use DEI material or require DEI training as part of the certification process.

(c) Healthcare-related professional licensing boards and organizations that issue healthcare-related professional licenses and certifications shall not conduct internal DEI audits or otherwise engage DEI consultants.

§16-67-6.

Requiring certification regarding DEI material.

All medical providers and medical institutions of higher education shall certify to the Secretary of the Department of Health on an annual basis by December 31 that they do not and will not require their employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed with DEI material with respect to state funds.

§16-67-7.

Requirements regarding application for certain federal healthcare-related grants.

A state entity applying for a federal healthcare-related grant related to DEI shall:

(1) Publish on its website all materials, requirements, and instructions related to the federal grant application that are in the entity's possession;

(2) Submit a copy of the grant proposal to the Secretary of the Department of Health for public posting;

and (3) Submit a copy of the grant proposal to all members of the Joint Standing Committee on Health.

§16-67-8.

Allowing action against a healthcare provider or medical institution of higher education.

1 (a) An aggrieved person may commence an action against a healthcare provider or medical institution of higher education for a violation of this article.

(b) If an aggrieved person proves that a healthcare provider or medical institution of higher education violated this part, then the person may obtain:

(1) Declaratory relief;

(2) Injunctive relief;

(3) Statutory damages of not less than $100,000 assessed against the healthcare provider or medical institution of higher education found by a court to have violated this part;

(4) Compensatory damages;

and (5) Costs and attorney's fees.

(c) Sovereign immunity to suit is waived and abolished to the extent of liability created by this part.

A person having a claim under this part may sue a healthcare provider or medical institution of higher education, which would otherwise be entitled to such immunity, for damages allowed under this part.

(d) An aggrieved person must bring suit under this part no later than one year after the alleged violation occurred.

2 ARTICLE 2.

and (3) "Race" means any one of the groups that humans are often divided into based on Intr SB 2024R3950 physical traits regarded as common among people of shared ancestry.

and CS for SB 870 (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 biological sex to oppress members of another race, ethnic group, or biological sex.

Intr SB 2024R3950 and (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.

The state superintendent, or his or her designee shall 4 CS for SB 870 report to the Legislative Oversight Commission on Education Accountability the number of complaints filed during the previous school year statewide and by county, the nature of each complaint, and the resolution of each complaint annually by October 1.

Intr SB 2024R3950 (b) For the purposes of this section, the term "biological sex" means an individual’s physical form as a male or female based solely on the individual’s reproductive biology and genetics at birth.

5 CS for SB 870 CHAPTER 18B.

DIVERSITY, EQUITY AND INCLUSION OFFICES AND OFFICERS PROHIBITED.

Definitions.Restrictions.

As(a) usedA instate thisinstitution chapter:of higher education shall not establish, sustain, support, or staff a diversity, equity, and inclusion officer or office.

(b) Subsection (a) "Diversity,shall equity,not andbe inclusion"construed includesto allcover or affect a state institution of higher education's support of any of the following:

(1) AnyAcademic effortcourse toinstruction; manipulate or otherwise influence the composition of the faculty or student body with reference to race, sex, color, gender identity, sexual orientation, or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal Intr SB 2024R3950 anti-discrimination laws;

(2) AnyResearch effortor tocreative promoteworks differentialby treatmentthe state institution of orhigher provideeducation's specialstudents, benefitsfaculty, toor individualsother onresearch personnel, and the basisdissemination of race,such color,research or ethnicity;creative works;

(3) AnyActivities effortof toregistered promotestudent ororganizations; promulgate policies and procedures designed or implemented with reference to race, color, or ethnicity;

(4) AnyArrangements effortfor toguest promotespeakers orand promulgateperformers trainings, programming, or activities designed or implemented with referenceshort-term toengagements; race, color, ethnicity, gender identity, or sexual orientation;

and (5) AnyMental effort to promote, as the official position of the state institution of higher education, a particular, widely contested opinion referencing unconscious or implicitphysical bias,health culturalservices appropriation,provided allyship,by transgenderlicensed ideology,professionals; microaggressions, group marginalization, anti- racism, systemic oppression, social injustice, intersectionality, neo-pronouns, heteronormativity, disparate impact, gender theory, racial privilege, sexual privilege, or any related formulation of these concepts;

(b)(6) "Diversity,Services equity, and inclusion office" means any division, office, center, or othersupport unitprovided ofto aindividuals statewith institutionlearning, ofphysical higher education that is responsible for creating, developing, designing, implementing, organizing, planning, or promotingneurological policies,developmental programming,disabilities; training, practices, activities, or procedures related to diversity, equity, and inclusion;

(c)(7) "Diversity,Policies, programming, training, practices, activities, or procedures related to diversity, equity, and inclusion office"that doesare notrequired includepursuant anyto ofa thecontract following:or agreement with a federal governmental entity;

(1)(8) AnSex-based officeeducational staffedopportunities exclusivelysuch byas licensedscience, attorneystechnology, andengineering, paralegal and secretarialmathematics support(STEM) opportunities for thewomen. licensed attorneys, operating with the sole and exclusive mission of ensuring legal compliance under Title IX of the federal Education Amendments Act of 1972, 20 U.S.C.

(9) Policies, programming, training, practices, activities or procedures related to diversity, equity, and inclusion that are required to meet accreditation standards;

(10) Policies, programming, training, practices, activities or procedures related to diversity, equity, and inclusion that are required to satisfy requirements of athletic associations or conferences;

CS for SB 870 (11) Compliance with the state institution of higher education's obligations under Title IX of the federal Education Amendments Act of 1972, 20 U.S.C.

Intror SB(12) 2024R3950Policies (2) An academic department within a state institution of higher education that exists primarily for the purpose of offering courses for degree credit and that does not establish a policy or procedures related to whichdetermining otherscholarships departmentsor offinancial theaid publicfor institutionsprospective ofstudents. higher education are subject;

(3)§18B-1G-2. An office solely engaged in new student recruitment;

Exceptions.

(a) "Diversity, equity, and inclusion office" does not include any of the following:

(1) 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, 20 U.S.C.

§1681, et seq., as amended, the federal Age Discrimination in Employment Act of 1972, 20 U.S.C.

§1681 et seq., as amended, the federal Americans with Disabilities Act of 1990, 42 U.S.C.

§12101 et seq., as amended, the federal Civil Rights Act of 1964, Pub.

L.

No.

88-352, as amended, the West Virginia Human Rights Act, West Virginia Code §5-11-1, et seq., or any other applicable federal or state law or court order;

(2) An academic department within a state institution of higher education that exists primarily for the purpose of offering courses for degree credit and that does not establish a policy or procedures to which other departments of the public institutions of higher education are subject;

(3) An office or position solely engaged in student recruitment;

or (5) An office thator aposition stateengaged institutionin ofproviding higherservices educationor issupport required to maintainindividuals pursuantwith tolearning, aphysical contract or agreementneurological withdevelopmental adisabilities; federal governmental entity;

(d)(6) "Diversity,An equity,office andor inclusionposition officer"that means an individual who is either employed by a state institution of higher education or who is anrequired independentto contractormaintain ofpursuant to a statecontract institution of higher education and whose duties include coordinating, creating, developing, designing, implementing, organizing, planning, or promotingagreement policies,with programming,a training,federal practices,governmental activities,entity; and procedures relating to diversity, equity, and inclusion;

(e)7 "Diversity,CS equity,for andSB inclusion870 officer"(7) doesAn notoffice includeor anyposition that a state institution of thehigher following:education is required to maintain to meet academic accreditation standards;

(1)(8) AnyAn employeeoffice whoor isposition that a licensed attorney and whose sole job duties related to diversity, equity, and inclusion are to ensure compliance with the state institution of higher education'seducation obligationsis underrequired Titleto IXsatisfy ofrequirements theset federalforth Educationby Amendmentsathletic Actassociations ofor 1972,conferences; 20 U.S.C.

or (9) A unit which may provide resources to certain individuals as long as the resources are equally available to all employees or students regardless of race, color, or ethnicity.

(b) "Diversity, equity, and inclusion officer" does not include any of the following:

(1) Any employee whose sole job duties related to diversity, equity, and inclusion are to ensure compliance with the state institution of higher education's obligations under Title IX of the federal Education Amendments Act of 1972, 20 U.S.C.

88-352, as amended, the West Virginia Human Rights Act, West Virginia Code §5-11-1, et seq.seq., or any other applicable federal or state law or court order;

of this code, or any other applicable federal or state law or court order;

or (4) Any employee that a state institution of higher education is required to employ pursuant Intr SB 2024R3950 to a contract or agreement with a federal governmental entity.entity;

(f)(5) "StateAny institutionemployee ofthat highera education"state means an institution of higher education meansis anyrequired university,to college,employ orto communitymeet andacademic technicalaccreditation collegestandards; under the jurisdiction of a governing board as defined in §18B-1-2 of this code.

§18B-1G-2.or (6) Any employee that a state institution of higher education is required to employ to satisfy requirements of athletic associations or conferences.

Restrictions;

reporting.

(a) A state institution of higher education shall not establish, sustain, support, or staff a diversity, equity, and inclusion officer or office.

(b) Subsection (a) shall not be construed to cover or affect a state institution of higher education's support or funding of any of the following:

(1) Academic course instruction;

(2) Research or creative works by the state institution of higher education's students, faculty, or other research personnel, and the dissemination of such research or creative works;

(3) Activities of registered student organizations;

(4) Arrangements for guest speakers and performers with short-term engagements;

(5) Mental or physical health services provided by licensed professionals;

(6) Policies, programming, training, practices, activities, or procedures related to diversity, equity, and inclusion that are required pursuant to a contract or agreement with a federal governmental entity;

or (7) Sex based educational opportunities such as science, technology, engineering, and mathematics (STEM) opportunities for women.

(c) (1) A state institution of higher education shall not expend any moneys appropriated by the Legislature for the fiscal year beginning on or after July 1, 2024, until the state institution of higher education files with the Joint Committee on Education a report that discloses all of the following:

(A) The steps taken by the academic institution of higher education and its staff, administration, and faculty to comply with subsection (a);

and Intr SB 2024R3950 (B) The amount and job titles of the individuals deemed to be required by the state institution of higher education to comply with Title IX of the federal Education Amendments Act of 1972, 20 U.S.C.

§1681, et seq., as amended, the federal Americans with Disabilities Act of 1990, 42 U.S.C.

§12101, et seq., as amended, the federal Age Discrimination in Employment Act of 1972, 20 U.S.C.

§1681 et seq., as amended, , the federal Civil Rights Act of 1964, Pub.

L.

No.

88- 352, as amended, the West Virginia Human Rights Act, §5-11-1, et seq.

of this code, or any other applicable federal or state law or court order.

(2) The report described in subdivision (1) of this subsection shall certify that the state institution of higher education is fully compliant with subsection (a).

(3) The state institution of higher education shall publish the report described in subdivision (1) of this subsection on the institution of higher education's webpage.

(4) The state institution of higher education shall file on an annual basis a new report as described in subdivision (1) of this subsection and with the certification described in subdivision (2) of this subsection.

Enforcement;Reporting.

venue.(a) A state institution of higher education shall file and certify with the Joint Committee on 8 CS for SB 870 Education a report of the steps taken by the academic institution of higher education and its staff, administration, and faculty to comply with this article.

(a)(b) AnyThe personstate mayinstitution notifyof thehigher attorneyeducation generalshall ofpublish athe statereport institutiondescribed ofin highersubsection education's(a) potentialon violationthe ofinstitution §18B-1G-2 of thishigher code.education's webpage.

(c) The attorneystate generalinstitution mayof bringhigher aneducation actionshall againstfile athe statereport institutionby ofJuly higher1, education2025, forand aon writJuly 1 of mandamuseach toyear compelthereafter, as described in subsection (a) or the state institution of higher education shall not be permitted to complyexpend withany §18B-1G-2moneys ofappropriated thisby code.the Legislature for the next fiscal year.

(b) A student enrolled in a state institution of higher education, a faculty member of a state institution of higher education, or an alumnus of a state institution of higher education alleging a violation of §18B-1G-2 of this code may bring a civil action for injunctive relief against the state institution of higher education to prohibit that state institution of higher education from continuing such violation.

(c) An action brought under this section may be filed in any of the following:

(1) The county in which all or a substantial part of the events or omissions giving rise to the Intr SB 2024R3950 action occurred;

(2) The county in which the principal office of the state institution of higher education is located;

or (3) The county in which the claimant resides, if the claimant is a resident of West Virginia.

PublicA institutionsstate institution of higher education shall reallocate any and all unexpended moneys appropriated by the Legislature in fiscal year 2024-2025 that would have been expended on prohibited diversity, equity, and inclusion offices or diversity, equity, and inclusion officers on or after the effective date of this Act to merit scholarships for lower-income and middle-income studentsstudents, andfirst generation college students, or to reduce tuition and mandatory fees for resident students.

This Actact shall be effective from the date of passage.

(b) State institutions of higher education in this state have an obligation to prohibit, among 9 CS for SB 870 other things, discrimination on the basis of race, ethnicity, and biological sex in the administration of their education programs, activities, or with respect to admission or employment.

(c) State institutions of higher education have an obligation to protect the right to free speech and expression protected by the First Amendment of the United States Constitution, the Intr SB 2024R3950 West Virginia Constitution, and the provisions of §18B-20-1, et seq.

10 CS for SB 870 (6) An individual has an obligation to feel discomfort, guilt, anguish, or any other form of psychological distress because of the individual’s race, ethnicity, or biological 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 biological sex to oppress Intr SB 2024R3950 members of another race, ethnic group, or biological sex.

(a) It is the policy of the state that the administrations of state institutions of higher education, and their administrative units, be officially neutral with regard to widely contested opinions in the state regarding unconscious or implicit bias, cultural appropriation, identity group 11 CS for SB 870 allyship, transgender ideology, micro aggressions, group marginalization, ant-racism, systemic oppression, social justice, intersectionality, neo-pronouns, heteronormativity, gender theory, racial or sexual privilege, critical race theory, and any related formulation of these concepts.

Intr SB 2024R3950 (1) Training toward any diversity, equity, and inclusion activity which is any effort to:

or (C) Training from an administrative official or administrative unit of an institution to recognize or understand unconscious or implicit bias, cultural appropriation, identity group allyship, microaggressions, micro-invalidation, group marginalization, anti-racism, systemic 12 CS for SB 870 oppression, structural racism, structural inequity, transphobia, homophobia, heteronormativity, racial or sexual privilege, social justice, intersectionality, neo-pronouns, inclusive language, gender identity, gender theory, or related formulation of these concepts.

(c) No diversity statement shall ever be required or solicited as part of an admissions Intr SB 2024R3950 process, employment application process, hiring process, contract renewal process, or promotion process;

NOTE:13

The purpose of this bill is to establish the Anti-Woke Act;

prohibit 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 from providing instruction in, requiring instruction in, making part of a course, or requiring a statement or affirmation by any employee certain concepts;

prohibit a state institution of higher education and an employee of a state institution of higher education from requiring a student or employee to take instruction in, or include in the curriculum of any required course, or require a statement or affirmation by any student or employee that certain concepts are factual and accurate or must be held as a belief of the student or employee;

provide that county board and public charter school employees are not required to use student’s preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student’s biological sex;

prohibit a state institution of higher education from establishing, sustaining, supporting, or staffing a diversity, equity, and inclusion officer or office;

and declare the policy of the state that the administrations of state institutions of higher education, and their administrative units, be officially neutral with regard to certain widely contested opinions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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