Senate Bill No. 111
(By Senators Jenkins and Foster)
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[Introduced February 11, 2009; referred to the Committee on
Education.]
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A BILL to amend and reenact §18-2-25 of the Code of West Virginia,
1931, as amended, relating to the West Virginia Secondary
School Activities Commission; requiring evaluation by the
Legislative Auditor; and requiring board members and officers
to comply with ethical standards for elected and appointed
officials.
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; evaluation by Legislative Auditor;
funds; participation by private and parochial
schools.
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 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
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
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
twenty-nine-a of this code, but shall, in all instances
be are
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
thirty-one of this code:
Provided, That as a creation of the
state, the West Virginia Secondary School Activities Commission
shall be evaluated by the Legislative Auditor. The evaluation
shall assess whether the commission complies with the policies and
provisions applicable to commissions authorized by this code and
other applicable laws and rules, whether the board follows a
disciplinary procedure which observes due process rights and
protects the public interest and whether the public interest
requires that the board be continued.
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
defined in article five, chapter eighteen, and
such the funds of the commission
shall be are subject to an annual audit by the State
Tax Commissioner.
The members and officers of the commission are
subject to the provisions of sections five, five-b and seven,
article two, chapter six-b of this code.
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 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 subjects the West Virginia
Secondary School Activities Commission to evaluation by the
Legislative Auditor and requires board members and officers to
comply with ethical standards for elected and appointed officials.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.