West Virginia Code § 18-33-5

Student expression of religious viewpoints; religious expression in class
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assignments; freedom to organize and advertise religious groups and activities;
displaying religious messages or symbols.
(a) Student expression of religious viewpoints. — The school district shall treat a student's
voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in
the same manner the district treats a student's voluntary expression of a secular or other
viewpoint on an otherwise permissible subject and may not discriminate against the student
based on a religious viewpoint expressed by the student on an otuherwise permissible subject.
(b) Religious expression in class assignments. — Students may express their beliefs about
religion in homework, artwork, and other written and oral assignments free from
discrimination based on the religious content of the students' submissions. Homework and
classroom work shall be judged by ordinary academic standards of substance and relevance
and against other legitimate pedagogical concerns identified by the school. Students may not
be penalized or rewarded on account of religiosus content. If a teacher's assignment involves
writing a poem, the work of a student who submits a poem in the form of a prayer (for
example, a psalm) should be judged on the basis of academic standards, including literary
quality, and not penalized or rewardged on account of its religious content.
(c) Freedom to organize and advertise religious groups and activities. — Students may
organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious
gatherings before, during, and after school to the same extent that students are permitted to
organize other noncurricular student activities and groups. Religious groups must be given
the same access to school facilities for assembling as is given to other noncurricular groups,
without discrimination based on the religious content of the group's expression. If student
groups that meet for nonreligious activities are permitted to advertise or announce the
groups' meetings, for example, by advertising in a student newspaper, putting up posters,
makWing announcements on a student activities bulletin board or public address system,
religious groups must also be permitted to advertise or announce group meetings.
(d) Displaying religious messages or symbols. — Students in public schools may wear
clothing, accessories, and jewelry that display religious messages or religious symbols in the
same manner and to the same extent that other types of clothing, accessories, and jewelry
that display messages or symbols are permitted.

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