Introduced Version
House Bill 3055 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3055
(By Delegate Amores)
[Introduced
March 16, 2005
; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18-2-25 of the Code of West Virginia,
1931, as amended, relating to classes of competition in all
end-of-year interscholastic athletic tournaments.
Be it enacted by the Legislature of West Virginia:
That §18-2-25 of the Code of West Virginia, 1931, 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.
(a) The county boards of education are hereby granted and
shall exercise the control, supervision and regulation of all interscholastic athletic events, and other extracurricular
activities of the students in public secondary schools, and of said
the public secondary schools of their respective counties. The
county board of education may delegate such the control,
supervision and regulation of interscholastic athletic events and
band activities to the "West Virginia Secondary School Activities
Commission," which is hereby established.
(b) The West Virginia Secondary School Activities Commission
shall be composed of the principals, or their representatives, of
those secondary schools whose county boards of education have
certified in writing to the State Superintendent of schools that
they have elected to delegate the control, supervision and
regulation of their interscholastic athletic events and band
activities of the students in the public secondary schools in their
respective counties to said the Commission. The West Virginia
Secondary School Activities Commission is hereby empowered to
exercise the control, supervision and regulation of interscholastic
athletic events and band activities of secondary schools, delegated
to it pursuant to this section: Provided, That beginning with the
two thousand five school year, all end-of-year interscholastic
athletic tournaments shall have at least two separate classes of
competition.
(c) The rules and regulations of the West Virginia Secondary
School Activities Commission shall contain a provision for a proper review procedure and review board and be promulgated in accordance
with the provisions of chapter twenty-nine-a of this code, but
shall, in all instances be subject to the prior approval of the
State Board.
(d) 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, and
all moneys paid to such the Commission, as well as moneys derived
from any contest or other event sponsored by said the Commission,
shall be quasi-public funds as the same are that term is defined in
article five, chapter eighteen, and such the funds of the
Commission shall be subject to an annual audit by the State Tax
Commissioner.
The West Virginia Secondary School Activities Commission shall
promulgate reasonable rules and regulations providing for the
control, supervision and regulation of the interscholastic athletic
events and other extracurricular activities of such the private and
parochial secondary schools as that elect to delegate to such the
Commission such the control, supervision and regulation, upon the
same terms and conditions, subject to the same regulations and requirements and upon the payment of the same fees and charges as
those provided for public secondary schools. Any such private or
parochial secondary school shall receive any monetary or other
benefits in the same manner and in the same proportion as any
public secondary school.
NOTE: The purpose of this bill is to require two classes of
competition in all end-of-year
interscholastic athletic
tournaments
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.