To create the Parents Bill of Rights.
House Bill 2070 would create a new “Parents’ Bill of Rights” article in West Virginia law. The bill declares that parents have a fundamental right to direct the upbringing, education, care, health care, and mental health of their minor children, and it states that important information about a child’s health, well-being, and education should not be withheld from parents while the child is in school custody. It defines “parent” as a natural or adoptive parent or legal guardian with legal custody.
The bill also sets a heightened standard for government action that affects parental rights. State agencies, political subdivisions, other governmental entities, and other institutions could not infringe those rights unless they show the action is reasonable and necessary to achieve a compelling state interest and is narrowly tailored. The bill lists specific parental rights, including directing education and moral or religious training, choosing public, private, religious, or home education options, accessing school records, and making health care decisions for the child unless otherwise prohibited by law. It also says these rights cannot be denied or abridged because of disability.
HB2070 would add a new article to the West Virginia Code and apply it broadly to state and local laws, rules, ordinances, and their implementation. It would create a statutory cause of action allowing parents to sue the state, local governments, officials, or persons acting under color of law for violations, and to seek injunctive relief, damages, attorneys’ fees, and court costs. It would also allow the article to be used as a defense in court or administrative proceedings, and it would apply to future laws unless a later statute expressly excludes itself from the article.
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the bill appears to be presented in a strongly supportive, rights-expanding posture. The stated purpose is to codify parental authority and increase transparency between schools, government entities, and parents. No opposing arguments are documented in the supplied context, but the structure of the bill suggests it is intended to advance a policy priority around parental control and access to information.
The main points of potential contention are the bill’s broad reach and its effect on government, school, and health-related decision-making. Supporters would likely emphasize parental control, access to school records, and the ability to direct education and medical care, while critics may be concerned that the bill could limit discretion for schools, child welfare systems, or other public institutions in situations involving student privacy, minor autonomy, or emergency health decisions. The bill’s private right of action and its application to future laws could also be contentious because they may expose agencies and officials to litigation and constrain later policymaking.