WEST virginia legislature
2019 regular session
House Bill 3127
By Delegates Ellington, Porterfield, Kessinger, Fast, Wilson, Jennings, and Worrell
12, 2019; Referred
to the Committee on Education.]
A BILL to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the Secondary School Activities Commission and participation by home schooled students in extracurricular activities.
Be it enacted by the Legislature of West Virginia:
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
regulations by state board; incorporation; funds; participation by private
and parochial schools and by home-schooled students.
The county boards of
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
those schools of their respective counties. The county board of
education may delegate such 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
shall be is 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 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 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 29A of this code, but shall, in all
instances be subject to the prior approval of the state board. 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 31 of this code. County boards of education are
hereby authorized to may 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 are quasi-public
funds as the same are defined in §18-5-1 et seq., of this code,
and such the funds of the commission shall be are subject
to an annual audit by the State Tax Commissioner.
The West Virginia Secondary
School Activities Commission shall promulgate reasonable rules
regulations providing for the control, supervision and regulation of the
interscholastic athletic events and other extracurricular activities of such
private and parochial secondary schools as elect to delegate to such the
commission such control, supervision and regulation, upon the same terms
and conditions, subject to the same regulations rules 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.
Notwithstanding any other provision of this section or the commission’s rules, the commission shall consider eligible for participation in extracurricular activities of secondary schools a student who is receiving home instruction pursuant to §18-8-1(c) of this code and who:
(1) Has demonstrated satisfactory evidence of academic progress for two years in compliance with the provisions of that subsection: Provided, That the student’s average test results are within or above the fourth stanine in all subject areas;
(2) Has not reached the age of 19 by August 1 of the current school year;
(3) Is an amateur who receives no compensation, but participates solely for the educational, physical, mental and social benefits of the activity;
(4) Agrees to comply with all disciplinary rules of the West Virginia Secondary School Activities Commission and the county board in which the home-schooled student lives; and
(5) Agrees to obey all rules of the West Virginia Secondary School Activities Commission governing awards, all-star games, parental consents, physical examinations and vaccinations applicable to all high school athletes.
Eligibility is limited to participation in interscholastic programs at the public secondary school serving the attendance zone in which the student lives: Provided, That home-schooled students who leave a member school during the school year are subject to the same transfer protocols that apply to member-to-member transfers. Reasonable fees may be charged to the student to cover the costs of participation in interscholastic programs.
NOTE: The purpose of this bill is to allow home-schooled students to participate in secondary school extracurricular activities.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.