WEST virginia legislature
2019 regular session
Senate Bill 154
Senators Jeffries, Baldwin, Stollings, Lindsay, Plymale, Hamilton, and Boso, original sponsors
[Passed March 7, 2019; in effect 90 days from passage]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-13d, relating to the Specialist Nicholas Caleb Jividen Act; authorizing the use of school facilities for funerals and memorial services; recognizing schools are integral parts of communities and the death of certain community members can have a significant impact on communities; requiring county board of education to allow school facilities use for funeral and memorial services of certain community members; permitting county boards of education to establish process for requesting the use of school facilities for funeral and memorial services; providing that county boards of education are not responsible for additional costs associated with such funeral and memorial services that are held at school facilities; and prohibiting such funeral and memorial services held at school facilities from disrupting or interfering with classroom instruction, scheduled school event or activity, or governmental use.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-13d. Use of school facilities for funeral and memorial services.
(a) Public schools in this state serve as an integral part of the community and the death of a community member of distinction who was a military service member or veteran who served under honorable conditions, or who served as a first responder, can have a significant impact on students and the surrounding community.
(b) Notwithstanding any other provision of this code or any policy currently in place, county boards of education shall allow school facilities in the county to be used for the funeral or memorial service, or both funeral and memorial services, of a community member of distinction who was a military service member or veteran who served under honorable conditions or who served as a first responder, consistent with this section. County boards may set up a process by which requests to use school facilities for such purposes may be made. County boards may not be responsible for additional costs incurred as a result of holding the funeral or memorial service at the school facility.
(c) Any funeral or memorial service held at a school facility may not disrupt or interfere with classroom instruction, any other scheduled school event or activity, or other official governmental use, such as when a school serves as a polling place for an election.