The bill introduced on January 30, 2026, aims to amend the Code of West Virginia to enhance protections for nonverbal and autistic children through the establishment of "Oscar's Law." It proposes significant changes to the existing special education camera laws, specifically in section 18-20-11, which mandates the installation of video cameras in self-contained classrooms and audio recording devices in restrooms. Key insertions include the requirement for cameras to monitor all connecting and support areas, such as sensory rooms, and the stipulation that if a student uses a public restroom, staff must wear a recording device. Additionally, the bill extends the retention period for recorded footage from three months to 365 days, with further provisions for two full calendar years for recordings from systems installed after April 1, 2022.

Furthermore, the bill introduces a new section, 49-1-210, which outlines protections for nonverbal individuals, ensuring that their inability to communicate does not limit their rights within the justice and child welfare systems. It mandates that definitions and charges related to investigations involving incapacitated adults or disabled children be applied consistently, and requires that appeal information be provided to parents or guardians following investigations. Overall, the bill seeks to enhance the safety and rights of vulnerable students in educational settings while ensuring accountability and transparency in the handling of incidents involving these individuals.

Statutes affected:
Introduced Version: 18-20-11, 49-1-210