This bill amends the Code of West Virginia to enhance liability protections for county boards of education, public charter schools, and their employees regarding incidents in self-contained classrooms. Specifically, it introduces a new provision that limits damages to $250,000 for violations of the section unless it can be proven by clear and convincing evidence that the board or school was deliberately indifferent to known or reported abuse. Additionally, the bill establishes that compliance with mandatory reporting requirements and investigatory actions will create a rebuttable presumption of good faith for the district.
The bill also outlines the requirements for the installation and operation of video cameras and audio recording devices in self-contained classrooms and their restrooms, ensuring that these recordings are used solely for the protection and well-being of students. It specifies the responsibilities of local educational agencies (LEAs) in maintaining these devices, retaining recordings for specified periods, and providing access to recordings under certain conditions. Overall, the legislation aims to balance the need for student safety and oversight with protections for educational institutions and their staff against liability claims.
Statutes affected: Introduced Version: 18-20-11