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Introduced Version House Bill 2190 History

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hb2190 intr
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.
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(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.
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(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.
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