WEST virginia legislature

2022 regular session

Committee Substitute

for

House Bill 4074

By Delegates Clark, Hanna, Householder, Thompson, Espinosa, Keaton, Haynes, Mandt, Hardy, Crouse, and Pinson

[Introduced January 13, 2022; Referred to the Committee on Education]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40a, all relating to providing education on and prevention of self-harm behavior and eating disorders in public schools; naming the section “Meghan’s Law”; requiring the state board to propose a legislative rule to establish training requirements for all public school employees on students’ self-harm behaviors and eating disorders; setting forth criteria for said rule; requiring for yearly education of middle school and high school students regarding self-harm behavior and eating disorders signs, prevention and treatment; providing for consultation with the Bureau for Behavioral Health and Health Facilities, and allowing for the promulgation of state board rules therefore.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-40a. Education on and prevention of self-harm behavior and eating disorders.

(a) This section shall be known and cited as “Meghan’s Law”.

(b) Training of public school employees – The state board shall propose, by September 1, 2022, a legislative rule for promulgation in accordance with §29A-3B-1 et seq. of this code, and if necessary may promulgate an emergency rule in accordance with said article, to establish training requirements for all public school employees focused on developing skills, knowledge, and capabilities related to preventing, recognizing and responding to students’ self-harm behaviors and eating disorders. The rule shall provide for at least the following:

(1) This required training shall include instruction and information to better equip schools and their employees, including how to:

(A) Recognize warning signs of self-harm behaviors and eating disorders that can lead to serious health issues and death;

(B) Support the healthy development of students by learning how to appropriately respond to or refer a student who exhibits warning signs of self-harm or eating disorders; and

(C) Provide consistent and standard protocols for responding to disclosures or discovery of self-harm or an eating disorder.

(2) The rule shall contain provisions to ensure that public school employees complete the required training every three years.

(3) The rule may provide for this training to be administered virtually or through self-review of materials and resources provided by the state board.

(c) Education of middle school and high school students – Beginning September 1, 2022, children in grades 5-12 shall receive information regarding self-harm and eating disorder signs, prevention and treatment.

(1) This education shall occur at least once per academic school year;

(2) The information may be obtained from the Bureau for Behavioral Health and Health Facilities, a licensed healthcare provider, or from commercially developed awareness and prevention training programs for the awareness, treatment resources and prevention of self-harm behavior and eating disorders approved by the state board in consultation with the bureau to assure the accuracy and appropriateness of the information.

(3) To facilitate this process and develop resources, the state board may propose a legislative rule for promulgation, in accordance with §29A-3B-1 et seq. of this code.