Senate 657

2026 regular session

Introduced

Senate Bill 657

By Senator Grady

[Introduced January 29, 2026; referred
to the Committee on Education; and then to the Committee on Finance]

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, relating to establishing the Cohen Craddock Student Athlete Safety Act; providing legislative findings; defining terms; requiring the Board of Education to promulgate a legislative rule, in consultation with the Board of Physical Therapy, that governs concussion protocol, education, and training to prevent concussions and the development of a Concussion Education Prevention and Response Plan; allowing the West Virginia Board of Physical Therapy to provide a draft rule; requiring a school to adopt a Concussion Education, Prevention, and Response Plan in accordance with the rule; requiring use of certain safety equipment during high school and middle school football practices; providing warranty and certification  protections related to the usage of certain safety equipment; establishing the Cohen Craddock Memorial Grant Program and providing procedures; and creating the Cohen Craddock Memorial Grant Fund.

Be it enacted by the Legislature of West Virginia:

ARTICLE 36. COHEN CRADDOCK STUDENT ATHLETE SAFETY ACT.

§18-36-1. Short Title; findings.

(a) This article shall be known, and may be cited as, the "Cohen Craddock Student Athlete Safety Act."

(b) The Legislature hereby finds that:

(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;

(2) Repeated head collisions, even with protective helmets, can cause trauma and concussions that have long-term cognitive and neurological effects, making it essential that reasonable safety measures are utilized;

(3) The evolution and availability of sport-specific safety equipment is ever-changing and should be consistently monitored;

(4) Professional sports leagues and collegiate sports teams have increasingly utilized modern safety equipment to enhance the safety of their athletes;

(5) The National Football League recorded the fewest number of concussions during the 2024 season, which the NFL’s Chief Medical Officer attributed in part to the mandatory use of impact reducing soft-shell helmet covers during training camp and regular-season practices; 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.

§18-36-2. Definitions.

As used in this article, the following terms shall have the meanings ascribed unless the context clearly indicates a different meaning:

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

(2) "Department" means the West Virginia Department of Education;

(3) "Fund" means the Cohen Craddock Memorial Grant Fund;

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

(5) "School" means any elementary or secondary school under the jurisdiction of a county board of education; and

(6) "State board" means the West Virginia Board of Education;

(7) "Student Athletes" means all students participating in any interscholastic sport at a high school or middle school in West Virginia; and

(8) "Youth sports league team" means any team that is a member of an entity that organizes and establishes rules for competitive youth sports activities other than the West Virginia Secondary School Activities Commission or any other entity that organizes and establishes rules for competitive youth sports activities exclusively for teams that are created by and represent schools.  

§18-36-3. Student Athlete Safety Advisory Committee.

(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 prevent concussions and the development of a Concussion Education, Prevention, and Response Plan. The West Virginia Board of Physical Therapy may provide a draft rule for the state board to consider. The rule shall be applicable to athletic practices or events in which an individual or team represents a school, youth sports league teams that play or practice on school grounds, and practices and events under the regulation of the West Virginia Secondary School Activities Commission. The initial rule shall comply with §18-2-25a, relating to management of concussions and head injuries in activities regulated by the West Virginia Secondary School Activities Commission, but the state board or West Virginia Board of Physical Therapy may recommend to the Legislature that the code section be amended or repealed if either determines it has a better method of educating appropriate personnel or preventing or responding to concussions. The rule also shall specify the individuals required to receive the concussion-related education.

(b) A school shall adopt a Concussion Education, Prevention, and Response plan in accordance with the state board rules promulgated pursuant to this section.

§18-36-4. Required use of football helmet covers.

Effective July 1, 2026, student athletes in West Virginia participating in a school organized football practice shall utilize an impact reducing soft-shell helmet cover while wearing a football helmet. The impact reducing soft-shell helmet cover shall be attached to a student athlete’s football helmet at all times when participating in any activity with a likelihood of collision or during any practice activity which the student athlete would regularly be expected to utilize a football helmet.

§18-36-5. Warranty and certification protections.

(a) The use of an impact reducing soft-shell helmet cover with a football helmet shall not void or limit any expressed or implied warranty that may otherwise apply to the football helmet: Provided, That the impact reducing soft-shell helmet cover attaches to the football helmet in a manner that does not modify the components of or otherwise damage the football helmet; Provided, however, That one or more helmet manufacturer has certified that the impact reducing soft-shell helmet cover is acceptable for use.

(b) A football helmet manufacturer, dealer, or any other entity that assigns safety certifications to football helmets may not revoke a safety certification or guarantee associated with a football helmet due to the use of an impact reducing soft-shell helmet cover: Provided, That the impact reducing soft-shell helmet cover attaches to the football helmet in a manner that does not modify the components of or otherwise damage the football helmet: Provided, however, That one or more helmet manufacturer has certified that the impact reducing soft-shell helmet cover is acceptable for use.

§18-36-6. Cohen Craddock Memorial Grant Program; fund established.

(a) The Cohen Craddock Memorial Grant Program is hereby established. The Grant Program shall be administered by the Department. The Department shall provide application forms and procedures to administer the grant.

(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 safety equipment covered by this article.

(c) The Department shall set the amount of grants based on the funds available. Grants shall be issued on first-come-first-serve basis.

(d) There shall be created in the State Treasury a special revenue fund designated the Cohen Craddock Memorial Grant Fund.

(1) The Fund shall be administered by the Department. Expenditures from the Fund shall be made solely for the purposes of providing grants authorized by this section.

(2) The Fund shall consist of moneys appropriated by the Legislature, moneys received from the federal government, and moneys received from private donations, grants, bequests, and all other moneys received from all sources for the purposes stated herein. The Department of Education, political subdivisions, and any private entity may engage in fundraising efforts to solicit donations to the Fund.

(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.

(4) The moneys accrued in the Fund, any earnings thereon, and any yields from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this code section.

NOTE: The purpose of this bill is to establish the Cohen Craddock Student Athlete Safety Act which requires the use of certain equipment during school organized football participation.  

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.