What’s the story?
West Virginia Gov. Patrick Morrisey (R) signed House Bill (HB) 2129 on Apr. 12, 2025, establishing a Parents’ Bill of Rights in state law.
The bill states that parents have a fundamental right to direct their minor children’s upbringing in the following specific areas:
- Directing the upbringing and moral or religious training of their children
- Applying to enroll their child in a public, private, or religious school, or to provide them with a home education
- Accessing and reviewing all school records relating to their child
- Making healthcare decisions for their children
The bill also stated that it did not “condone, authorize, approve, or apply to a parental action or decision that would end life.” The bill also states that it does not prevent a court, law enforcement officer, or government employee responsible for child welfare from taking reasonable action.
HB 2129 passed the West Virginia House of Delegates 87-9 on March 7, 2025, along partisan lines. It passed the State Senate 32-1 on March 24, 2025, with one of the two Senate Democrats joining Republicans to support it.
What’s the background?
The term Parents’ Bill of Rights refers to laws that give parents certain rights. In some states, these laws are education-specific. Others are more general, commonly allowing parents to direct their children’s upbringing.
Del. Jim Butler (R), who sponsored the bill, said it aimed to ensure parents had the authority to raise their own children.
Del. Evan Hansen (D) criticized the bill for excluding the right for parents to approve abortions for minors past 14 weeks. He argued that if the legislature passed a bill preserving parental rights to decide about medical care for their minor children, they should be able to make all medical decisions.
Dive deeper:
State-level Parents’ Bills of Rights vary widely. They can constrain the authority of local school boards over certain educational policies in their district related to parent involvement in public schools, parental notification requirements, or parental opt-out rights for specific curricular topics. Click here to read more about school board authority in West Virginia; click here to view Ballotpedia’s project regarding local school board authority across the 50 states.
West Virginia has a Republican trifecta status. Of the 25 states with Parents’ Bills of Rights, 16 have Republican trifectas, two have Democratic trifectas, and seven have divided governments.
Additional Reading