Recommendation from the WRPA Executive Committee, using input from various cities and city attorneys, our lobbyist, and the Association of Washington Cities:

In response to increasing concerns about rates of concussions among youth who participate in athletic activities, the 2009 Legislature enacted Engrossed House Bill 1824 (EHB 1824, also known as the “Lystedt Law”).  The legislation requires school districts, in cooperation with the Washington Inter-Scholastic Activities Association (WIAA), to develop guidelines and information to inform and educate youth athletes, coaches, and parents about the nature and risks of concussions and head injuries.  The legislation includes a requirement for a yearly form to be signed by the athlete and his/her parent, and also requires a statement of compliance for “private non-profit” organizations (Sec. 1(1)(b)).

This legislation does NOT name local governments or local park districts, and does NOT bind local agencies to take any action.  Nonetheless, some school districts have contacted some of WRPA’s member cities and pressed them to help with compliance forms.  We strongly recommend that you:

--Consult your Legal Departments.  Do not assume this bill REQUIRES you to do anything – it does not;
--Check the bill and bill report and share it with your legal advisors;
--Provide any legal analyses, if you are willing, to WRPA so that we may better educate our members

While we are strongly recommending that you not take any actions that bind your jurisdictions or might inadvertently cause you to incur liability, we recognize that a number of our members are dependent on school districts since school fields are their de facto community athletic fields.  We would still encourage you to put the onus on private third parties to deal with compliance.  The Lacey and Olympia parks and recreation department have drafted similar forms in that vein – See HERE FOR LACEY & OLYMPIA FORMS.

Additionally, we have heard from a representative of the Washington Cities’ Insurance Authority (WCIA) some concerns that EHB 1824 raises the “standard of care” and thus may introduce some liability issues that local parks officials should be attuned to.  Please NOTE that the WRPA, the AWC, and various city attorneys do not agree with this position.  The WCIA is offering a webinar on Sept. 17, 2009 that covers both head injury and gender equity legislation.

Finally, for some good information on concussions and head injuries, including an 11-minute video that applies to high school coaches in particular, go to http://www.wiaa.com/.