COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 290
(By Senator Chafin)
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[Originating in the Committee on Education;
reported March 22, 2005.]
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A BILL to amend and reenact §18-2-35 of the Code of West Virginia,
1931, as amended, relating to requiring each county board of
education to hold a public hearing on the issue of mandating
each student enrolled in a public school to wear a school
uniform while attending that school.
Be it enacted by the Legislature of West Virginia:
That §18-2-35 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-35. Dress codes requiring school uniforms for students.
(a) The Legislature hereby finds that the clothing and
footwear worn by students in public schools often preoccupy and
distract students from their major purpose for being in school,
which is obtaining an education. The Legislature finds that in schools that have adopted a dress code requiring students to wear
school uniforms, disparities in student socioeconomic levels are
less obvious and disruptive incidents are less likely to occur.
(b) The State Board shall promulgate rules in accordance with
article three-b, chapter twenty-nine-a of this code that allow a
county board to implement a dress code requiring students to wear
a school uniform. The uniforms may be required by the county board
for either a school district or for any certain school within the
district. The rules shall provide at least the following:
(1) The county board may create an advisory committee
comprised of parents, school employees and students for the purpose
of considering whether the board should adopt a dress code
requiring school uniforms for students in the district;
(2) The county board may create an advisory committee
comprised of parents, school employees and students for the purpose
of considering whether the board should adopt a dress code
requiring school uniforms for students in any certain school within
the district;
(3) If the advisory committee recommends to the board that a
dress code requiring school uniforms for students be adopted either
for the district or for any certain school within the district, the
advisory committee also shall make recommendations on alternative
methods of paying for the school uniforms; and
(4) If the advisory committee recommends to the board that a
dress code requiring school uniforms for students be adopted either
for the district or for any certain school within the district and if the advisory committee reports its recommendations on
alternative methods of paying for the school uniforms to the board,
the board may adopt a dress code requiring school uniforms for
students.
(c) Nothing in this section requires a county board to adopt
a dress code requiring school uniforms for students.
(d) Nothing in this section requires any level of funding by
the Legislature, boards of education or any other agency of
government.
(e) Each county board shall:
(1) Hold a public hearing on the issue of mandating each
student enrolled in a public school to wear a school uniform while
attending that school;
(2) Develop a report summarizing the comments received during
the public hearing; and
(3) Submit the report to the Legislative Oversight Commission
on Education Accountability on or before the first day of January,
two thousand six.