WEST virginia Legislature
2019 regular session
Introduced
House Bill 2141
By Delegate Caputo
[ Introduced January 9,
2019; Referred
to the Committee on Education then Finance.]
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; and requiring rules relating to interscholastic athletic football events include the requirement that neck braces be worn by all football players.
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 by state board; incorporation; 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 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 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 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 §29A-3-1 et seq. 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. The commission shall
provide in any rule pertaining to interscholastic athletic football events that
all players are required to wear neck braces, in addition to the head gear and
other protective equipment ordinarily worn in those events. 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 §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 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 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 is to require the West Virginia Secondary School Activities Commission to adopt rules to provide for use of neck braces by all football players in interscholastic athletic football events.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.