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Bill > HB4438


WV HB4438

WV HB4438
Relating to Sexual Abuse Prevention Screening, Hiring and Dismissal Requirements


summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead
03/14/2026

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to establish sexual abuse prevention screening, hiring, and dismissal requirements for all school employees and contractors who work at schools.

AI Summary

This bill establishes new requirements for schools and independent contractors regarding the hiring and dismissal of employees and contractors who will have direct contact with children, aiming to prevent sexual abuse. It mandates that before offering employment, schools and contractors must collect detailed employment history from applicants, including information about any past abuse or sexual misconduct investigations, disciplinary actions, resignations, or license revocations, unless those allegations were found to be false or inconclusive. Applicants must provide written authorization for their former employers to disclose this information, and employers have 20 days to respond to requests. The bill also prohibits individuals and entities from helping school employees or contractors who have engaged in sexual misconduct with a minor or student to find new employment in another educational setting, with specific exceptions if the allegations have been officially cleared or if legal proceedings have concluded without charges or with an acquittal. Furthermore, it clarifies that employers are not liable for actions of public employees while implementing these new provisions and allows the State Board of Education to create regulations for the bill's enforcement.

Committee Categories

Education

Sponsors (5)

Last Action

To House Education (on 01/16/2026)

Bill Topics

Education
  • ‐ Elementary and Secondary Education
Law, Crime, and Family Issues
  • ‐ Sex Offenses, Child Pornography, and Sexual Assault

bill text


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