ENGROSSED
Senate Bill No. 378
(By Senators Blatnik, Grubb, Craigo, Plymale,
Dittmar and Jones)
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[Introduced March 16, 1993; referred to the Committee
on Education.]
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A BILL to amend and reenact section twenty-five, article two,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
secondary schools activities commission; requiring the
commission to eliminate gender bias in scheduling certain
sporting events; and prohibiting scheduling of sporting
events for teams composed of female athletes during playing
seasons that are different from playing seasons accepted by
the majority of the members of the national federation of
state high school associations.
Be it enacted by the Legislature of West Virginia:
That section twenty-five, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Authority of county boards to regulate athletic and
other extracurricular activities of secondary schools;
delegation of authority to West Virginia secondary school
activities commission; authority of commission; approval of
rules by state board; incorporation; funds; participation by
private and parochial schools.
County boards of education exercise control over,
supervision of and regulation of all interscholastic athletic
events and other extracurricular activities of students attending
public secondary schools. County boards of education may
delegate the control, supervision and regulation of
interscholastic athletic events and band activities to the "West
Virginia secondary school activities commission", which is hereby
established.
The West Virginia secondary school activities commission is
composed of the principals, or their representatives of secondary
schools within counties in which the county board of education
has certified in writing to the state superintendent of schools
that the county board of education has elected to delegate the
control, supervision and regulation of interscholastic athletic
events and band activities of students to the commission. The
West Virginia secondary school activities commission may exercise
the control, supervision and regulation of interscholastic
athletic events and band activities of secondary schools,
delegated to it pursuant to this section. The rules of the West
Virginia secondary school activities commission shall contain aprovision allowing for a proper review procedure and a review
board. Rules must be promulgated in accordance with the
provisions of chapter twenty-nine-a of this code, and be subject
to the prior approval of the state board of education. The West
Virginia secondary school activities commission, may, with the
consent of the state board of education, incorporate under the
name of "West Virginia Secondary School Activities Commission,
Inc.", as a nonprofit, nonstock corporation under the provisions
of chapter thirty-one of this code. County boards of education
are hereby authorized to expend moneys for and pay dues to the
West Virginia secondary school activities commission. All moneys
paid to the commission, as well as moneys derived from any
contest or other event sponsored by the commission, are quasi-
public funds as the same are defined in article five of this
chapter, which are subject to an annual audit by the state tax
commissioner.
The West Virginia secondary school activities commission may
promulgate reasonable rules providing for the control,
supervision and regulation of the interscholastic athletic events
and other extracurricular activities of private and parochial
secondary schools which delegate that authority to the
commission. Rules promulgated by the commission affecting
athletic events or other extracurricular activities of private
and parochial secondary schools must contain the same terms and
conditions, be subject to the same requirements, fees and charges
as those provided for or required of public secondary schools. Private or parochial secondary schools receive monetary or other
benefits in the same manner and in the same proportion as public
secondary schools.
The commission shall eliminate gender bias in scheduling
athletic events. The commission may not schedule sporting events
for teams composed of female athletes during playing seasons that
are different from the seasons accepted and practiced by the
majority of the other members of the national federation of state
high school associations. Prior to the regular legislative
session one thousand nine hundred ninety-four, the county boards
of education shall submit a report to the state board of
education and the Legislature listing any additional costs
associated with complying with this section as amended.