WEST virginia legislature
2017 regular session
Senate Bill 40
By Senators Stollings, Ojeda and Jeffries
[Originating in the Committee on Health and Human Resources; reported on February 17, 2017]
A BILL to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to requiring that the State Board of Education include, in the legislative rule on a model school crisis plan that it promulgates, certain protocols for responding to injuries and other medical emergencies on school property after normal school hours in school crisis response plans by certain date; providing the applicability and requirements of those protocols as they apply to sports injuries; setting forth a limitation of liability; and providing for an effective date.
Be it enacted by the Legislature of West Virginia:
That §18-9F-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.
§18-9F-9. Crisis response plan.
(a) The state board in conjunction with the Division
of Homeland Security and Emergency Management shall promulgate
31, 2011 a legislative rule in accordance with article three-b, chapter
twenty-nine-a of this code and if necessary may promulgate an emergency rule
in accordance with said article for the establishment of an up-to-date,
school-specific crisis response plan at every school in the state. In
developing the rule, the state board shall consider plans currently being
developed as part of the safe schools initiative currently underway by the
School Building Authority and the Division of Homeland Security and Emergency
Management. In addition, those portions of a school’s access safety plan
created pursuant to section three of this article may be used as a portion of
the school’s school-specific crisis response plan if there are any overlapping
requirements. The rule shall provide for at least the following:
(1) A model school crisis response plan for use by each school in the state, including a uniform template which shall be used by each school to file the plan, including at least the following information, in a secure electronic system identified by the Division of Homeland Security and Emergency Management:
(A) The school employee in charge during a crisis and a designated substitute;
(B) A communication plan to be used during a crisis;
(C) Protocols for responding to immediate physical harm of students, faculty or staff and to traumatic events, including the period after the events have concluded;
(D) Disaster and emergency procedures to respond to earthquakes, fire, flood, other natural disasters, explosions or other events or conditions in which death or serious injury is likely;
(E) Crisis procedures for
safe entrance to and exit from the school by students, parents, and employees,
including an evacuation and lock-down plan;
(F) Policies and procedures for enforcing school discipline and maintaining a safe and orderly environment during the crisis; and
(G) No later than August 1, 2017, protocols for responding to sports injuries that occur on school property after normal school hours during school-sponsored sports events which shall include practices. The sports injury protocols shall include directives for personnel or equipment which should be available on sports fields or in school buildings for both girls’ and boys’ teams as well as training needed for school or volunteer personnel on an as needed basis.
(2) A licensed health care professional who renders services of a medical nature to students and:
(A) Has an agreement with a county board of education that defines the scope of his or her duties as such; and
(B) For which no remuneration is demanded or received;
is not liable for any civil damages as a result of rendering such services, or as a result of any act or failure to act in providing or arranging further medical treatment. The limitation of liability only applies if the services are provided in accordance with acceptable standards of care and the licensed health care provider is not grossly negligent or does not demonstrate willful misconduct. Any liability is limited to the applicable limits of the professional liability insurance provided by the State Board of Risk and Insurance Management in effect at the time.
(C) Nothing in this subsection nullifies the immunity from civil liability as granted pursuant to section fifteen, article seven, chapter fifty-five of this code or federal law except to the extent to which the actions are covered within the applicable limits of the professional liability insurance provided by the State Board of Risk and Insurance Management pursuant to this section and in effect at the time.
(2) (3) A requirement that each school’s school-specific
crisis response plan shall be in place and filed with that school’s county
board, and included in a secure electronic system identified by the Division of
Homeland Security and Emergency Management, no later than August 1, 2013
2017, or soon after completion by the school, whichever occurs first; (3) (4) The necessary safeguards to protect information
contained in each school-specific crisis response plan that may be considered
protected critical infrastructure information, law enforcement sensitive
information or for official use only. These safeguards must have the approval of
the Division of Homeland Security and Emergency Management. County boards
shall provide the same necessary safeguards for the information in the plan; (4) (5) The annual review and necessary update of
the model plan and uniform template by state board in conjunction with the
Division of Homeland Security and Emergency Management by December 31 of each
year after 2011 2017; (5) (6) The development by each school of a school
specific crisis response plan by using the state board’s model plan as an
example and with consultation from local social services agencies, local first
response agencies including police, fire, emergency medical services (EMS),
emergency management and any other local entities that the school’s crisis
response planning team determines should be consulted; (6) (7) Procedures for the annual review and
update if necessary by each school of its school-specific crisis response
planning plan. Each school shall file either an updated crisis response plan
or a memorandum stating that no update to the crisis response plan was
necessary with its county board and the Division of Homeland Security and
Emergency Management no later than August 1 of each year after 2013 2017; (7) (8) Procedures for each school within the
state to form a crisis response planning team, which team may consist of the school’s
local school improvement council or a separate team consisting of the
principal, two teachers, one service person and two parents of children
attending the school. In addition, the school may include on the team one
member of the county board, a school counselor, a member from local
law-enforcement authorities, the local county emergency services director and
one student in grade ten or higher if the school has those grades; (8) (9) Procedures for informing and training
school personnel on any actions required of them to effectuate the school’s
school-specific crisis response plan; (9) (10) A model template for redacted copies of
the school crisis response plan for the public inspection and for the release
and notice to parents of information related to the plan; and (10) (11) Procedures for nonpublic schools to
establish, file and update school crisis response plans consistent with
subdivision (1) subsection (a) of this section subsection.
(b) The county board shall keep the current crisis response plan of each school in the county on file and, unless otherwise provided for, provide a copy of each school’s crisis response plan to each local emergency response agency that has a role in the plan. Local emergency response agencies that maintain a copy of the plan shall provide the necessary safeguards for the information in the plan established pursuant to the state board rule promulgated pursuant to subsection (a) of this section. Upon request, a redacted copy of a school crisis response plan shall be made available for inspection by the public with any information removed that is necessary for compliance with the necessary safeguards. Following the filing of its school specific crisis response plan with the county board pursuant to subdivision (2), subsection (a) of this section, each school shall annually send notice home to all parents and guardians of students at the school alerting the parents and guardians to the existence of the plan and the ability to review a redacted copy at the offices of the county board.
NOTE: The purpose of this bill is to require protocols for responding to after-school injuries or emergencies to be included in school crisis response plans.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.