The proposed bill seeks to strengthen sexual abuse prevention measures in West Virginia schools by instituting rigorous hiring and dismissal protocols for school employees and contractors who interact with children. It introduces a new article in the Code of West Virginia that requires schools and independent contractors to obtain comprehensive employment histories from applicants, including any previous investigations or disciplinary actions related to abuse or sexual misconduct. The bill mandates thorough reviews of these histories and allows for provisional hiring for up to 90 days while the review is conducted, contingent upon meeting specific conditions.

Additionally, the legislation prohibits educational agencies from aiding employees involved in sexual misconduct in securing new positions unless the misconduct has been reported to the relevant authorities. It establishes penalties for willful violations and requires the Department of Education to create compliance forms. The bill also clarifies liability protections for employers regarding public employees acting within their employment scope and grants the State Board of Education the authority to develop regulations for enforcement, ensuring that these regulations are reviewed by the joint committee on education prior to adoption. Overall, the bill aims to enhance student safety and accountability in the hiring process while delineating the responsibilities and protections for school personnel.

Statutes affected:
Introduced Version: 18A-2B-1, 18A-2B-2, 18A-2B-3, 18A-2B-4