WEST virginia legislature

2020 regular session

Introduced

House Bill 4879

By Delegates Hornbuckle, Pushkin, Miller, Rohrbach and Zukoff

[Introduced February 11, 2020; Referred to the Committee on Education then the Judiciary]

A BILL to amend and reenact §18-2-25 and §18-2-25a of the Code of West Virginia, 1931, as amended, relating to granting jurisdiction to supervise youth sport league athletic events to county boards of education and the West Virginia Secondary School Activities Commission; requiring schools and youth sport leagues to implement certain safety measures during athletic events; authorizing fines; and requiring rulemaking.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-25. Authority of county boards to regulate athletic and other extracurricular activities of secondary schools and youth sport leagues; delegation of authority to West Virginia secondary school activities commission; authority of commission; approval of rules and regulations by state board; incorporation; funds; participation by private and parochial schools and youth sport leagues.

(a) The county boards of education are hereby granted and shall exercise the control, supervision and regulation of all interscholastic and youth sport league athletic events, and other extracurricular activities of the students in public secondary schools, and of said schools of their respective counties, and all other youths under 18 years of age regardless of student status. The county board of education may delegate such control, supervision and regulation of interscholastic athletic events, youth league athletic events, and band activities to the “West Virginia Secondary School Activities Commission,” which is hereby established.

(b) The West Virginia secondary school activities commission shall be composed of the principals, or their representatives, of those secondary schools whose county boards of education, and youth sport leagues have certified in writing to the State Superintendent of Schools that they have elected to delegate the control, supervision, and regulation of their interscholastic and youth sport league athletic events and band activities of the students in the public secondary schools in their respective counties, and youth league athletic events to said commission. The West Virginia secondary school activities commission is hereby empowered to exercise the control, supervision and regulation of interscholastic and youth sport league athletic events and band activities of secondary schools, and youth league athletic events, delegated to it pursuant to this section. The rules and regulations of the West Virginia Secondary School Activities Commission shall contain a provision for a proper review procedure and review board and be promulgated in accordance with the provisions of chapter 29A of this code, but shall, in all instances be subject to the prior approval of the state board. The West Virginia Secondary School Activities Commission, may, with the consent of the State Board of Education, incorporate under the name of “West Virginia Secondary School Activities Commission, Inc.,” as a nonprofit, nonstock corporation under the provisions of chapter 31 of this code. County boards of education are hereby authorized to expend moneys for and pay dues to the West Virginia Secondary School Activities Commission, and all moneys paid to such commission, as well as moneys derived from any contest or other event sponsored by said commission, shall be quasi-public funds as the same are defined in §18-5-1 et seq. of this code, and such funds of the commission shall be subject to an annual audit by the State Tax Commissioner.

(c) The West Virginia Secondary School Activities Commission shall promulgate reasonable rules and regulations providing for the control, supervision, and regulation of the interscholastic athletic events and other extracurricular activities of such private and parochial secondary schools, as and athletic events in youth sport leagues and elect to delegate to such commission such control, supervision, and regulation, upon the same terms and conditions, subject to the same regulations and requirements, and upon the payment of the same fees and charges as those provided for public secondary schools. Any such private or parochial secondary school shall receive any monetary or other benefits in the same manner and in the same proportion as any public secondary school.

(d)(1) Pursuant to subsection (c) of this section the West Virginia Secondary School Activities Commission shall specifically address in those rules the following:

(A) Automated external defibrillator (AED) devices shall be present at all sporting events;

(B) Coaches and athletic training staff must have received training in proper use of AED devices;

(C) Sports participants and sports staff participating in football, wrestling, and other impact sports must watch training videos to understand concussion, its prevention, and to identify signs of potential concussion;

(D) High school and middle school sporting events, but not regular physical education. Classes, should have an ambulance on site; and

(E) Schools and youth leagues must make reasonable attempts to teach new football tackle and wrestling techniques to avoid concussion injuries.

(2) Schools, youth leagues, coaches, or athletic training staff who violate the provisions of subdivision (1) of this subsection, or the rules promulgating those provisions, should result in a moderate fine or civil penalty against the school or youth league. The fines should come from their respective budgets.

§18-2-25a. Management of concussions and head injuries in athletics at West Virginia Secondary School Activities Commission member high school or middle school and youth sport leagues.

(a) The Legislature makes the following findings:

(1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3.9 million sports-related and recreation-related concussions occur in the United States each year;

(2) A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed;

(3) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally functions;

(4) Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other or with obstacles;

(5) Concussions occur with or without loss of consciousness, but the vast majority occur without loss of consciousness;

(6) The interscholastic or youth sport league athlete who continues to play or practice with a concussion or symptoms of head injury is especially vulnerable to greater injury and even death; and

(7) Even with generally recognized return-to-play-and-practice standards for concussion and head injury, some affected interscholastic and youth sport league athletes are prematurely returned to play or practice resulting in increased risk of physical injury or death to the athletes in the state of West Virginia.

(b) For the purposes of this section, “interscholastic athlete” and “youth sport league athlete” means mean any athlete who is participating in interscholastic athletics at a high school, or middle school or youth sport league that is a member of the West Virginia Secondary School Activities Commission. “Licensed health care professional” means a health care provider whose licensed scope of practice includes the ability to diagnose and treat an injury or disease.

(c) The West Virginia Secondary School Activities Commission shall promulgate rules pursuant to §18-2-25 of this code that address concussions and head injuries in interscholastic and youth sport league athletes: Provided, That prior to state board approval and notwithstanding the exemption provided in §29A-1-3 of this code, the state board shall submit the rule to the Legislative Oversight Commission on Education Accountability pursuant to §29A-3B-9 of this code.

(d) The rules required by this section shall include, but are not limited to, the following:

(1) Guidelines and other pertinent information to inform and educate appropriate school administrators, coaches, interscholastic athletes, youth sport league administrators, coaches and athletes, and their parents or guardians of the nature and risk of concussion and head injury including the risks of continuing to play or practice after a concussion or head injury;

(2) A concussion and head injury information sheet that shall be signed and returned by the interscholastic or youth sport league athlete and the athlete’s parent or guardian on an annual basis before the interscholastic or youth sport league athlete begins practice or competition;

(3) A requirement that each head coach of an interscholastic sport at a high school or middle school, or head coach in a youth sport league who is a member of the West Virginia Secondary School Activities Commission complete a commission-approved concussion and head injury recognition and return-to-play protocol course annually;

(4) A requirement that an interscholastic or youth sport league athlete who is suspected by a licensed health care professional or by his or her head coach or licensed or registered athletic trainer of having sustained a concussion or head injury in a practice or game shall be removed from competition at that time;

(5) A requirement that an interscholastic or youth sport league athlete who has been removed from play or practice may not return to play or practice until the athlete is evaluated by a licensed health care professional trained in the evaluation and management of concussions and receives written clearance to return to play and practice from the licensed health care professional;

(6) A list of the respective categories of licensed health care professionals including, but not limited to, licensed physical therapists and licensed or registered athletic trainers who, if properly trained in the evaluation and management of concussions, are authorized to provide written clearance for the interscholastic or youth sport league athlete to return to play; and

(7) A requirement that all member schools and youth sport leagues must submit a report to the West Virginia Secondary School Activities Commission within 30 days of an interscholastic or youth sport league athlete suffering or being suspected of suffering a concussion or head injury in a practice or game. The report must state whether an evaluation by a licensed health care professional verified that a concussion or head injury was actually suffered, whether the athlete received written clearance to return to play or practice and, if written clearance was given, the number of days between the incident and the actual return to play or practice. If written clearance to return to play is given after 30 days of the incident, a report update shall be submitted. The West Virginia Secondary School Activities Commission shall compile and submit the reports to the appropriate state and national organization, youth sport league, or agencies to analyze and make determinations on whether the rule required by this section needs to be amended or if equipment worn by interscholastic and youth sport league athletes needs to be changed accordingly. The West Virginia School Activities Commission also shall submit the reports to the Legislative Oversight Commission on Health and Human Resources Accountability.

(e) Any member school or youth sport league not complying with the requirements of this section, and rules promulgated thereof, shall be subject to the disciplinary actions or fines ordered by the West Virginia Secondary School Activities Commission: Provided, That the West Virginia Secondary School Activities Commission shall promulgate rules to establish guidelines for noncompliance and related disciplinary actions and fines: Provided, however, That prior to state board approval and notwithstanding the exemption provided in §29A-1-3 of this code, the state board shall submit the rule to the Legislative Oversight Commission on Education Accountability pursuant to §29A-3B-9 of this code.

NOTE: The purpose of this bill is to grant jurisdiction to supervise youth sport league athletic events to county boards of education and the West Virginia Secondary School Activities Commission. The bill requires schools and youth sport leagues to implement certain safety measures during athletic events. The bill authorizes fines and requires rulemaking.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.