Introduced Version Senate Bill 400 History

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Senate Bill No. 400

(By Senators Foster, Hunter, Jenkins, Fanning and McCabe)


[Introduced February 28, 2005; referred to the Committee

on Education; and then to the Committee on Finance.]


A BILL to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-14-1 of said code, all relating to education; eliminating provisions that created unlawful classifications based on race; deleting an obsolete provision relating to the cooperative extension service; and updating other obsolete provisions.

Be it enacted by the Legislature of West Virginia:
That §18-5-32 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-14-1 of said code be amended and reenacted, all to read as follows:

§18-5-32. Assistant superintendents; directors and supervisors of instruction and other educational activities.

(a) The county board of education, upon the recommendation of the county superintendent, may employ an assistant whose term of employment shall be not less than one nor more than four years: Provided, That such term shall not extend beyond that of the incumbent county superintendent.
(b) The board shall not employ more than one assistant for each two hundred teachers or major fraction thereof. Provided, however, That in such districts in which assistants are employed and fifty or more negro teachers are employed therein, the board may employ one negro assistant superintendent.
(c) The board, upon the recommendation of the county superintendent, shall have authority is authorized to employ such general and special supervisors or directors of instruction and of such other educational activities as may be deemed considered necessary.
(d) The employment of the assistant superintendent shall be on a twelve-month basis. The period of employment for all others named herein shall be at the discretion of the board.
(e) Rules and regulations for qualifications of assistant superintendents, and directors and supervisors of instruction and of other educational activities shall be fixed by the State Board of Education: Provided, however, That the qualifications required for any assistant superintendent shall in no event be higher than those required for the superintendent: Provided, further however, That such rules do not affect the status of any incumbent nor his or her right to succeed himself or herself in his or her assigned position.
(f) The county board of education shall have the authority is authorized to reimburse such employees for their necessary traveling expenses upon presentation of a monthly, itemized, sworn statement approved by the county superintendent.
(g) Any person employed under the foregoing provision of this section, provided he or she holds a valid teacher's certificate, shall be given continuing contract status as a teacher and shall hold such status unless dismissed for statutory reasons.
The board may also cooperate with the extension division of the college of agriculture in employing an agricultural club agent for the organization and direction of boys' and girls' agricultural clubs.
(h) All acts or parts of acts inconsistent with this section are hereby repealed.

§18-14-1. Continuation; change of name; management; rules.

(a) The Bluefield State Teachers' College, heretofore established and located at Bluefield, in Mercer county, shall be continued and shall be known as the "Bluefield State College." The educational affairs of the Bluefield State College shall be under the control, supervision and management of the joint boards of education higher education policy commission.
(b) The rules and regulations made by the president and faculty of said college for its general government, for the admission of students thereto and the standards of scholarship to be maintained therein shall be submitted to the joint boards of education for their higher education policy commission for its approval.
(c) The negro board of education in conjunction with the state board of education shall establish and higher education policy commission shall maintain in the Bluefield State College, in addition to the departments already established, such other courses of study as may be expedient and practicable and shall prescribe the conditions for graduation therefrom and make rules for the conferring of degrees and for issuing the proper diplomas to those who complete such courses, as in the case of other state educational institutions.

NOTE: The purpose of this bill is to eliminate provisions which created unlawful classifications based on race and to update obsolete provisions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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