HB4071 H ED AM #1

White 3336

The Committee on Education moved to amend the bill on page 1, by striking out everything after the enacting clause, and inserting in lieu thereof the following:

Article 8B. PUBLIC SCHOOL Health Rights Act.

§18-8B-1. Short title.

This article shall be known and cited as the Public School Health Rights Act.

§18-8B-2. Definitions.

(a) “Confirmed outbreak” in a public school setting is defined as:

(1) Multiple COVID-19 cases comprising at least 10 percent of students and employees within a specified core group; or

(2) At least three cases within a specified core group.

(b) “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2, or a virus mutating therefrom, and conditions associated with the disease.

(c) “Public school” means any public school or facility under the control of a county board of education; a charter school created pursuant to §18-5G-1 et seq. of this code, or the West Virginia School for the Deaf and the Blind.

(d) “Employee” means any individual who works for the public school on a full-time, part-time, contractual or volunteer basis.

(e) “Specified core group” includes, but is not limited to, a classroom, extracurricular activity, or sports team.

(f) “Student” means any individual who attends the public school on a full or part-time basis.

(g) “Quarantine” means a period of physical separation recommended by the Centers for Disease Control and Prevention which should begin after a person comes into close contact with someone who has COVID-19.

§18-8B-3. Public school health rights.

(a)   Notwithstanding any other law to the contrary, and regardless of a confirmed outbreak,

a public school shall not:

(1)   Impose a COVID-19 mask or face covering requirement on any student or employee;

(2)   Impose a mandatory COVID-19 testing requirement on any asymptomatic or pre-

symptomatic student or employee; or

(3)   Require a student or employee to quarantine or isolate unless the student or employee

has tested positive for COVID-19.

(b) A parent or guardian of a student maintains the right to determine whether their child will wear a mask or face covering on school premises or during extracurricular activities.

(c) Any period of quarantine shall end after the student or employee has obtained a negative COVID-19 test result or after that student or employee has completed 5 days of quarantine.

(d)  The rights identified under this act shall not be overridden by any elected or appointed official.

§18-8B-4.  Injunctive relief available.

A parent or guardian of a student, a student who is 18 years of age or older, or an employee may file a declaratory judgment action, seeking an injunction against any act or practice that violates this act. A prevailing parent, guardian, student, or employee, as applicable, may be awarded reasonable attorney fees and court costs.