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West VirginiaSB 4742025 Regular SessionSenateWALLET

Ending diversity, equity, and inclusion programs

Sponsored By: Randy E. Smith (Republican)

Signed by Governor

§5-33-1§5-33-2§5-33-3§18-2-9B§18-5-29§18-5-50§18B-1G-1§18B-1G-2§18B-1G-3§18B-1G-4§18B-1G-5§18B-14-5§18B-14-6

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 1 costs, 5 mixed.

Unused college diversity funds support students

West Virginia public colleges must redirect unspent fiscal year 2025–2026 legislative funding intended for prohibited diversity offices or officers. Beginning on the law's effective date, colleges must use this money for one of three purposes. They can fund merit scholarships for lower- or middle-income students, or for first-generation college students. They can instead reduce tuition and mandatory fees for West Virginia resident students. The law sets no funding amount or individual award.

Public colleges must protect campus debate

West Virginia public colleges must protect free speech under the U.S. and state constitutions. They must prohibit race or ethnic-group discrimination in education programs, admissions, and employment. Beginning 90 days after passage, colleges cannot suppress debate because campus members find ideas offensive, unwise, immoral, or misguided. Individual campus members, rather than the institution, judge those ideas.

Colleges face funding and discipline penalties

West Virginia public colleges must certify compliance reports to the Joint Committee on Education and publish them online. The first report was due July 1, 2025; later reports are due each July 1. Reports must describe compliance steps by the college, its staff, administrators, and faculty. A college that fails to report cannot spend legislative appropriations for the next fiscal year. Colleges must also adopt procedures to discipline employees and contractors who violate the institutional diversity restrictions, including termination.

School employees gain pronoun refusal protections

West Virginia county school boards and public charter schools cannot require employees to use a student's preferred pronoun when it conflicts with the student's sex. Employees cannot face adverse job action for declining to use that pronoun. Employees and schools have civil-liability protection for using a pronoun consistent with the student's sex. Schools cannot adopt policies or take actions contrary to these protections. These rules begin 90 days after passage.

Colleges limit required beliefs and instruction

Beginning 90 days after passage, West Virginia public colleges cannot require instruction in seven listed concepts about race, ethnicity, or sex. They cannot include those concepts in required courses or make students or employees affirm them as fact or belief. College administrations and administrative units must remain officially neutral on listed contested views, including implicit bias, systemic oppression, and racial privilege. Academic courses can discuss the concepts as theories when alternative theories are included. Discussion of historical or current events and constitutionally protected speech remain allowed.

Public colleges end diversity offices

Beginning 90 days after passage, West Virginia public colleges cannot maintain prohibited diversity offices, officers, staff duties, or contracts. They cannot solicit diversity statements for admissions, job applications, hiring, contract renewal, or promotion, or require them for administrative decision-making. Colleges also cannot give prohibited diversity preferences or require diversity training for employment, enrollment, or participation in college functions. Preferences based on supporting others because of race, color, ethnicity, or national origin are also barred. Exceptions preserve academic work, qualifying academic departments, registered student groups, disability support, legal compliance, health services, certain training and data collection, and resources offered equally. Colleges can still highlight support for first-generation, low-income, or underserved students in grant and accreditation statements.

Public schools face new teaching limits

Beginning 90 days after passage, West Virginia public schools, including charter schools, face limits on teaching specified race, ethnicity, and sex concepts. State education agencies and school employees are also covered. Banned concepts include inherent group superiority, group responsibility, and claims that people should feel distress because of their identity. Schools also cannot require employees to affirm these views. Academic discussion with alternative theories, debate about historical or current events, protected speech outside school employment, and work devoted solely to legal compliance remain allowed.

State agencies lose diversity offices

Beginning 90 days after passage, West Virginia state agencies cannot maintain diversity, equity, and inclusion offices or related staff assignments or contracts. They cannot solicit or favor diversity statements, give preferences based on these programs, or require diversity training for employment. The ban covers activities beyond neutral anti-discrimination compliance that influence decisions or give preferences based on protected traits. Compliance with state or federal law and court orders remains allowed. Rights and lawsuits under the West Virginia Human Rights Act remain protected.

Sponsors & Cosponsors

Sponsor

  • Randy E. Smith

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 339 • No: 55

Senate vote • 4/12/2025

Senate concurred in House amendments and passed bill (Roll No. 610)

Yes: 31 • No: 2

Senate vote • 4/12/2025

Motion to concur in House amendments adopted(Roll No. 609)

Yes: 31 • No: 2

Senate vote • 4/12/2025

Motion for previous question adopted (Roll No. 608)

Yes: 31 • No: 2

Senate vote • 4/12/2025

Motion to withdraw suspension of Joint Rule 3 and concurrence adopted (Roll No. 607)

Yes: 33 • No: 0

Senate vote • 4/12/2025

Senate concurred in House amendments and passed bill (Roll No. 606)

Yes: 31 • No: 2

House vote • 4/12/2025

Passed House (Roll No. 623)

Yes: 87 • No: 12

House vote • 4/12/2025

Amendment adopted (Roll No. 621)

Yes: 63 • No: 33

Senate vote • 3/26/2025

Passed Senate (Roll No. 181)

Yes: 32 • No: 2

Actions Timeline

  1. Chapter 151, Acts, Regular Session, 2025

    8/8/2025Senate

  2. Approved by Governor 4/30/2025

    4/30/2025Senate

  3. To Governor 4/21/2025

    4/21/2025Senate

  4. On 3rd reading, Special Calendar

    4/12/2025House

  5. Motion for debate on all amendments be limited to 1 hour adopted

    4/12/2025House

  6. Amendment reported by the Clerk

    4/12/2025House

  7. Amendment withdrawn (Voice vote)

    4/12/2025House

  8. Amendment reported by the Clerk

    4/12/2025House

  9. Amendment rejected (Voice vote)

    4/12/2025House

  10. Amendment reported by the Clerk

    4/12/2025House

  11. Amendment adopted (Roll No. 621)

    4/12/2025House

  12. Amendment reported by the Clerk

    4/12/2025House

  13. Amendment rejected (Voice vote)

    4/12/2025House

  14. Amendment reported by the Clerk

    4/12/2025House

  15. Amendment rejected (Voice vote)

    4/12/2025House

  16. Amendment reported by the Clerk

    4/12/2025House

  17. Amendment adopted (Voice vote)

    4/12/2025House

  18. Amendment reported by the Clerk

    4/12/2025House

  19. Amendment rejected (Voice vote)

    4/12/2025House

  20. Amendment reported by the Clerk

    4/12/2025House

  21. Amendment adopted (Voice vote)

    4/12/2025House

  22. Amendment reported by the Clerk

    4/12/2025House

  23. Amendment rejected (Voice vote)

    4/12/2025House

  24. Amendment reported by the Clerk

    4/12/2025House

  25. Amendment rejected (Voice vote)

    4/12/2025House

Bill Text

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