Requiring WV Board of Education to promulgate legislative rule in consultation with WV Board of Physical Therapy
Summary
SB 866 requires the West Virginia Board of Education to adopt a legislative rule, in consultation with the West Virginia Board of Physical Therapy, establishing concussion protocol, education, and training requirements for preventing concussions and creating a Concussion Education, Prevention, and Response Plan. The bill defines that plan as a written document covering concussion-related education for appropriate personnel and practices for preventing and responding to concussions. It also defines “school” and “youth sports league team” for purposes of the rule.
The rule must apply to athletic practices and events involving school teams, youth sports league teams that use school grounds, and activities regulated by the West Virginia Secondary School Activities Commission. The initial rule must be consistent with existing concussion law in §18-2-25a, but the Board of Education or the Board of Physical Therapy may recommend that the Legislature amend or repeal that statute if they identify a better approach. Each school must then adopt its own concussion education, prevention, and response plan in line with the state board’s rule.
Impact
The bill adds a new section to West Virginia Code §18-5-22f and expands the state board’s rulemaking responsibilities over concussion safety in school-related athletics and certain youth sports activities. It affects county school systems, schools, coaches, athletic staff, and other personnel who would be covered by the required education and response protocols, as well as youth sports league teams using school property. The measure also creates a pathway for future statutory changes to existing concussion law if the relevant boards recommend amendments or repeal.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate 30-0, the House 99-0, and then returned to the Senate for concurrence in a House amendment, where it again passed unanimously 31-0. That voting record suggests strong agreement on the need for concussion prevention and response standards in school and youth sports settings.
Contention
No committee transcript or floor debate is provided, and the recorded votes show no opposition. The only potential point of policy tension in the text is the relationship between the new rulemaking process and existing concussion law: the bill requires the initial rule to comply with current statute, but it also expressly allows either board to recommend that the Legislature amend or repeal the existing code section if a better method is identified. Another possible issue is the scope of coverage, which extends beyond school teams to youth sports league teams practicing or playing on school grounds.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education
Supplementing and amending appropriations to the Higher Education Policy Commission, Higher Education Policy Commission – Administration – Control Account