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Bill

SB 162

Requiring WV Board of Education to promulgate legislative rule relating to concussion protocol

2026 Regular Session

West Virginia requires schools to adopt statewide concussion protocols covering identification, removal from activities, and return-to-play procedures for student safety.

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Bill Summary · SB 162

Legislative bill overview

SB 162 directs the West Virginia Board of Education to establish formal administrative rules governing how schools must handle suspected concussions in students. The bill requires the board to develop specific protocols for recognition, reporting, removal from activity, and return-to-play procedures for concussed students.

Why this is important

Concussions are traumatic brain injuries with potentially serious long-term effects on student health and academic performance. Without standardized protocols, schools may handle incidents inconsistently, leaving some students vulnerable to returning to activity too quickly—increasing risk of re-injury and cumulative brain damage. Clear statewide rules ensure all West Virginia students receive consistent, evidence-based protective measures.

Potential points of contention

  • Medical vs. administrative authority: Debate over whether detailed medical protocols should be mandated by education boards or developed collaboratively with medical professionals and school nurses
  • Implementation burden: Schools may argue that detailed concussion rules create administrative costs and require specialized medical staff they lack, particularly in rural districts
  • Liability concerns: Schools might resist strict protocols if they fear non-compliance creates legal exposure, or conversely, administrators might worry protocols don't provide sufficient liability protection
  • Return-to-play timelines: Disagreement over appropriate recovery periods—some favor conservative approaches while others argue overly restrictive timelines unnecessarily sideline student athletes

Compiled from official sources — confirm details with the bill’s official record.

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