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, and a coach
or coaches of female athletic events 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 a provision allowing for aproper 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 otherbenefits 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.
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(NOTE: The purpose of this bill is to prohibit the
secondary schools activities commission from scheduling athletic
events for teams composed of female athletes during seasons that
are different from schedules for teams composed of male athletes
competing in the same sport.)
EDUCATION COMMITTEE AMENDMENT
The Committee on Education moved to amend the bill on page
, section twenty-five, line
, by striking out the word
"and";
On page
, section twenty-five, line
, after the word
"coach" by striking out the words "or coaches";
On page
, section twenty-five, line
, after the word
"events" by inserting the words "and a coach of male athletic
events,";
And,
On page
, section twenty-five, line
, after the word
"associations." by adding the following: Prior to the regular
legislative session one thousand nine hundred ninety-four, thecounty 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.