Introduced Version
House Bill 4413 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4413
(By Delegates
Morgan, M. Poling, Perdue,
Beach, Craig, Hatfield, Perry and Stephens
)
[Introduced February 9, 2010
; 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 by state board;
incorporation; funds; participation by private and
parochial schools.
(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
the 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.
(b) The West Virginia Secondary School Activities Commission
shall be 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, 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
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 the private and
parochial secondary schools as 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) The West Virginia Secondary School Activities
Commission shall propose rules for legislative approval as
appropriate under the provisions of article three, chapter twenty-
nine-a of this code for developing the guidelines and other
pertinent information and forms to inform and educate coaches,
youth athletes, and their parents or guardians both, of the nature
and risk of concussion and head injury including continuing to play
after concussion or head injury. On a yearly basis, 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.
(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.