SB 657 — Creating Cohen Craddock Student Athlete Safety Act

CS for SB 657 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 657 ByBY SenatorsSENATORS Grady,GRADY, Tarr,TARR, Oliverio,LIVERI, andEEDS, DeedsBARNHART, PHILLI,AND W OELFEL [Reported February 13,26, 2026, from the Committee on Education]Finance] CS for CS for SB 657 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §18-36-1, §18-36-2, §18-36-3, §18-36-4, §18-36-5, and §18-36-6,§18-36-5, relating to establishing the Cohen Craddock Student Athlete Safety Act;

requiring the State Board of Education to promulgate a legislative rule, in consultation with the West Virginia Board of Physical Therapy, that governs concussion protocol, education, and training to reduce concussions and the development of a Concussionconcussion Educationeducation and Responseresponse Plan;plan;

requiring a school to adopt a Concussionconcussion Educationeducation and Responseresponse Planplan in accordance with the rule;

providing warrantyuse andof certificationcertain protectionssafety relatedequipment tomay violate the usagemanufacturer’s ofwarranty certainon safetyother equipment;

Short Title;title;

(a) This article shall be known, and may be cited as, the "CohenCohen Craddock Student Athlete Safety Act."Act. (b) The Legislature hereby finds that:

(1)(b) StudentThe athletesLegislature facehereby varyingfinds risksthat: of injury, including concussions, heat-related 1 CS for SB 657 illnesses, and cardiac events, which warrant the continual evaluation of safety protocols and equipment standards;

CS for CS for SB 657 (1) Student athletes face varying risks of injury, including concussions, heat-related illnesses, and cardiac events, which warrant the continual evaluation of safety protocols and equipment standards;

and (5) The Nationalstate Footballshould Leagueconsult recordedwith themedical fewestexperts numberand ofathletic concussionsleaders duringto thehelp 2024ensure season,that whichstudent theathletes NFL’sacross ChiefWest MedicalVirginia Officerhave attributedknowledge in part to the mandatory use of impactand reducingaccess soft-shellto helmetmodern coversand duringnecessary trainingsafety campequipment andfor regular-seasonathletic practices;activities.

and (6) The state should consult with medical experts and athletic leaders to help ensure that student athletes across West Virginia have knowledge of and access to modern and necessary safety equipment for athletic activities.

(1) "Concussion Educationeducation and Responseresponse Plan"plan" or "the plan" means a written document that establishes concussion-related education requirements for appropriate personnel and sets forth practices for reducing concussions and responding to concussions when they do occur.

(4) "Grant Program"program" means the Cohen Craddock Memorial Grant Program;

2 CS for SB 657 (6) "State board" means the West Virginia Board of Education;

CS for CS for SB 657 (7) "Student Athletes"athletes" means all students participating in any interscholastic sport at a high school or middle school in West Virginia;

State board rule that governs concussion protocol, education, and training to reduce concussions and the development of a Concussionconcussion Educationeducation and Responseresponse Plan.plan.

(a) The state board shall promulgate a legislative rule pursuant to §29A-3B-1 et seq., in consultation with the West Virginia Board of Physical Therapy, that governs concussion protocol, education, and training to reduce concussions and the development of a Concussionconcussion Educationeducation and Responseresponse Plan.plan.

(b) A school shall adopt a Concussionconcussion Educationeducation and Responseresponse Planplan in accordance with the state board rules promulgated pursuant to this section.

3CS for CS for SB 657 §18-36-4.

Provided, That neither the school, school district, nor state is responsible for providing any supplemental safety enhancing devices includingincluding, but not limited toto, a soft-shell helmet cover if utilized pursuant to this subdivision;

(2) Individual schools in West Virginia may require their student athletes participating in a school organized football practice to utilize supplemental safety enhancing devices includingincluding, but not limited toto, an impact reducing soft-shell helmet cover while wearing a football helmet:

Provided, That the school provides any supplemental safety enhancing device includingincluding, but not limited toto, any soft-shell helmet cover necessary to comply with this requirement to its student athletes;

and (3) County school districts in West Virginia may require student athletes at schools under their jurisdiction and participating in a school organized football practice to utilize supplemental safety enhancing devices includingincluding, but not limited toto, an impact reducing soft-shell helmet cover while wearing a football helmet:

Provided, That the county school district provides any supplemental safety enhancing device includingincluding, but not limited toto, any soft-shell helmet cover necessary to comply with this requirement to the student athletes enrolled in its school district.

(b) No person or entity, including the state board, the West Virginia Secondary School Activities Commission, any county board, any school, or any other person or entity may prohibit a student from utilizing supplemental safety enhancing devicesdevices, includingincluding, but not limited toto, an impact reducing soft-shell helmet cover while wearing a football helmet while participating in a school organized football practice.

CS for CS for SB 657 (c) Nothing in the article authorizes or prohibits a helmet manufacturer from establishing, modifying, or enforcing the terms of any warranty or safety guidance relating to the use of its helmet.

Warranty and certification protections.

(a) The use of any football safety equipment or measure with the use of any other football safety equipment shall not void or limit any expressed or implied warranty that may otherwise 4 CS for SB 657 apply to either piece of equipment:

Provided, That one piece of football safety equipment or measure does not modify the components of or otherwise damage the other piece of football safety equipment.

(b) A football safety equipment manufacturer, dealer, or any other entity that assigns safety certifications to safety equipment may not revoke a safety certification or guarantee associated with a piece of football safety equipment due to the use of another piece of football safety equipment:

Provided, That one piece of football safety equipment or measure does not modify the components of or otherwise damage the other piece of football safety equipment.

§18-36-6.

(b) Schools or county boards of education may apply to the grant program for funding to cover all or some of the costs associated with procuring football safety equipment that may reduce concussions.

Grants may also be utilized to replace damaged safety equipment when the manufacturer of the damaged safety equipment fails to honor a warranty due to the use of supplementary safety equipment, such as a soft-shell helmet cover:

Provided, That the department shall maintain a minimum availability of $5,000 in the fund to replace such equipment.

The Department of Education, political subdivisions, 5 CS for SB 657 and any private entity may engage in fundraising efforts to solicit donations to the fund.

CS for CS for SB 657 (3) Any funds remaining in the fund at the end of the fiscal year shall not revert to the general revenue but shall remain in the fund solely for the purposes stated in this article.