(a) No county board of education shall prohibit the use as an educational resource or teaching device any historical document related to the founding of the United States of America or any government publication solely because the document contains a religious reference or references: Provided, That the use of such materials must serve a bona fide secular educational purpose which does not advance or inhibit a religion or particular religious belief.
(b) (1) As used in subsection (a) of this section, the term "historical document related to the founding of the United States of America" shall include, but not be limited to, such documents as the declaration of independence and the United States Constitution.
(2) As used in subsection (a) of this section, the term "government publication" shall include, but not be limited to, such documents as decisions of the United States supreme court and acts of Congress.
(c) In determining the purpose of the use of a document containing a reference to a deity or a religion, consideration shall be given to the overall context of the document's use.
Structure West Virginia Code
Article 5. County Board of Education
§18-5-1a. Eligibility of Members; Training Requirements
§18-5-1b. Election; Terms of Office
§18-5-1c. Organization of Board; Evaluation
§18-5-6. Validation of Titles to Land in Possession of Board
§18-5-7a. Disposition of School Property in Flood Control Projects
§18-5-7b. Charitable or Community Use of Unneeded Buildings
§18-5-8. Condemnation of Land Necessary for Educational Purposes
§18-5-9a. Energy-Savings Contracts
§18-5-9b. Implementation of the Integrated Pest Management Program
§18-5-10. Approval by State Board of Plans and Specifications for Buildings
§18-5-11. Joint Establishment of Schools
§18-5-11a. Joint Governing Partnership Board Pilot Initiative
§18-5-13. Authority of Boards Generally
§18-5-13a. School Closing or Consolidation
§18-5-13b. County Superintendents’ Advisory Council, Purpose, Reports
§18-5-13d. Use of School Facilities for Funeral and Memorial Services
§18-5-14. Policies to Promote School Board Effectiveness
§18-5-15. Ages of Persons to Whom Schools Are Open; Enrollment of Suspended or Expelled Student
§18-5-15a. Study of Multicultural Education for School Personnel
§18-5-15b. Pledge of Allegiance to the Flag
§18-5-15f. Affirmation Regarding the Suspension or Expulsion of a Pupil From School
§18-5-15g. Vocational Education Classes for Homeschooled and Private Schooled Students
§18-5-16. Student Transfers; Definitions; Appeals; Calculating Net Enrollment; Fees for Transfer
§18-5-18. Kindergarten Programs
§18-5-18a. Maximum Teacher-Pupil Ratio
§18-5-18b. School Counselors in Public Schools
§18-5-19c. Division of Technical and Adult Education Services
§18-5-20. School Libraries; Librarian
§18-5-21a. Textbooks to Be Furnished Pupils Whose Parents Are Unable to Provide Same
§18-5-21c. Distribution of Free Textbook Funds; Determination of Amount County Shall Receive
§18-5-22a. Policy for the Administration of Medications
§18-5-23. Dental Clinics and Treatment
§18-5-24. Purchase and Display of United States Flag; Penalty for Failure to Display
§18-5-25. Duties of Superintendent as Secretary of Board
§18-5-26. School Buildings as Child Care Facilities
§18-5-33. Board May Fix Special Salary Schedules
§18-5-34. Other Authority and Duties of District Boards
§18-5-36. Payment for Fire Services on Public School Property
§18-5-36a. Authority to Offer Rewards
§18-5-39. Establishment of Summer School Programs; Tuition
§18-5-41. Content Based Censorship of American History Prohibited
§18-5-42. County-Wide Council on Productive and Safe Schools
§18-5-44. Early Childhood Education Programs
§18-5-46. Requiring Teacher to Change Grade Prohibited; Teacher Recommendation Relating to Promotion
§18-5-47. County Board Flood Insurance Requirements
§18-5-48. Safety and Security Measures for School Facilities; Safe Schools Fund Created
§18-5-49. County Board Exceptional Needs Expenditures From Surplus Funds