WEST virginia Legislature
2016 regular session
Senate Bill 611
By Senators Stollings, Plymale, Unger and Prezioso
Referred to the Committee on Education.]
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 be included in school crisis response plans by certain date; and providing the applicability and requirements of those protocols as they apply to sports injuries.
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) By no later than August 1, 2016, protocols for responding to sports injuries that occur on school property after normal school hours during school sponsored sports events, including practices. The sports injury protocols shall include directives for personnel or equipment which should be available, if needed, on sports fields or in school buildings for both girls and boys teams as well as training needed for school or volunteer personnel.
A licensed health care professional who renders services of a medical nature to students under an agreement with a county board of education that defines the scope of his or her duties as such and 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, in accordance with acceptable standards of care, to an extent greater than the applicable limits of the professional liability insurance provided by the state Board of Risk and Insurance Management in effect at the time. Nothing in this subdivision 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) 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 2016, or soon after completion by the
school, whichever occurs first;
(3) 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) 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
(5) 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) 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
(7) 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) Procedures for informing and training school personnel on any actions required of them to effectuate the school’s school specific crisis response plan;
(9) 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) Procedures for non
public 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.