Introduced Version
House Bill 2190 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2190
(By Delegates Morgan, Perdue, Ferro, Stephens and Poore)
[Introduced February 13, 2013; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18-2-25 of the Code of West Virginia,
1931, as amended, relating to the West Virginia Secondary
School Activities Commission; and requiring the commission to
propose legislative rules concerning concussions.
Be it enacted by the Legislature of West Virginia:
That §18-2-25 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Authority of county boards to regulate athletic and
other extracurricular activities of secondary schools;
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; rules regarding concussions.
_______________(a) The county boards of education are hereby granted and
shall exercise the control, supervision and regulation of all
interscholastic athletic events, and other extracurricular
activities of the students in public secondary schools, and of said
schools of their respective counties. The county board of
education may delegate such control, supervision and regulation of
interscholastic athletic events and band activities to the "West
Virginia Secondary School Activities Commission," which is hereby
established continued.
_______________(b) The West Virginia Secondary School Activities Commission
shall be is composed of the principals, or their representatives,
of those secondary schools whose county boards of education have
certified in writing to the State Superintendent of Schools that
they have elected to delegate the control, supervision and
regulation of their interscholastic athletic events and band
activities of the students in the public secondary schools in their
respective counties to said the commission. The West Virginia
Secondary School Activities Commission is hereby empowered to
exercise the control, supervision and regulation of interscholastic
athletic events and band activities of secondary schools, 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
twenty-nine-a of this code, but shall are, 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
thirty-one of this code. County boards of education are hereby
authorized to may expend moneys for and pay dues to the West
Virginia Secondary School Activities Commission, and all moneys
paid to such the commission, as well as moneys derived from any
contest or other event sponsored by said the commission, shall be
are quasi-public funds as the same are defined in article five,
chapter eighteen, and such the funds of the commission shall be are
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 that elect to delegate to such the
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) Notwithstanding the exemption provided in section
three, article one, chapter twenty-nine-a of this code, the West
Virginia Secondary School Activities Commission shall propose rules
for legislative approval under the provisions of article three,
chapter twenty-nine-a of this code, developing the guidelines and
other pertinent information and forms to inform and educate
coaches, youth athletes and their parents or guardians, or both, of
the nature and risk of concussion and head injury, including
continuing to play after concussion or head injury. A concussion
and head injury information sheet shall be signed and returned by
the youth athlete and the athlete's parent or guardian before the
youth athlete's initiating practice or competition every year.
_______________(2) A youth athlete who is suspected of sustaining a
concussion or head injury in a practice or game shall be removed
from competition at that time.
_______________(3) A youth athlete who has been removed from play may not
return to play until the athlete is evaluated by a licensed health
care provider trained in the evaluation and management of
concussion and receives written clearance to return to play from
that licensed health care provider.
NOTE: The purpose of this bill is to require the West Virginia
Secondary School Activities Commission to propose legislative rules
concerning concussions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.