H. B. 4684
(By Delegates Williams, (By Request)) and Paxton
[Introduced February 21, 2006; 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 participation in interscholastic
athletics and other extracurricular activities by students
receiving home instruction; prohibiting categorical exclusion
by secondary schools activities commission; providing
definitions and conditions for participation; and permitting
home education association membership on commission.
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 and regulations by
state board; incorporation; funds; participation by
private, participation by students receiving home
instructions.
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
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 Schools 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 Schools 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 Schools 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 subject to the
prior approval of the state board. The West Virginia Secondary
Schools Activities Commission, may, with the consent of the State
Board of Education, incorporate under the name of "West Virginia
Secondary Schools Activities Commission, Inc.," as a nonprofit,
nonstock corporation under the provisions of chapter thirty-one of
this code. County boards of education are hereby authorized to
expend moneys for and pay dues to the West Virginia Secondary
Schools Activities Commission, and all moneys paid to such
commission, as well as moneys derived from any contest or other
event sponsored by said commission, shall be quasi-public funds as
the same are defined in article five, chapter eighteen, and such
funds of the commission shall be subject to an annual audit by the
State Tax Commissioner.
The West Virginia Secondary Schools 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 private and
parochial secondary schools as elect to delegate to such 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.
The West Virginia Secondary Schools Activities Commission may
not categorically exclude students receiving home instruction from
participation in interscholastic athletic events, band activities,
or other extracurricular activities under its control, supervision,
and regulation, nor promulgate any rule that requires a student
receiving home instruction to attend a public, private, or
parochial secondary school to be eligible to participate in
interscholastic athletic events, band activities, or other
extracurricular activities.
(a) Subsections (a) through (e) of this section hereby create
a mechanism to facilitate participation by those students receiving
home instruction who wish to participate in the interscholastic
athletic events, band activities, and other activities controlled,
supervised, and regulated by the West Virginia Secondary Schools
Activities Commission. Subsections (a) through (e) of this section
does not interfere with the academic requirements of other students
receiving home instruction pursuant to subsection (c), section one,
article eight, chapter eighteen of this code.
(1) "Students receiving home instruction" are those children exempt from compulsory attendance pursuant to subsection (c),
section one, article eight, chapter eighteen of this code.
(2) "Interscholastic athletics and other extracurricular
activities" includes athletic events, band activities, and other
activities controlled, supervised, and regulated by the West
Virginia Secondary Schools Activities Commission.
(b) A student receiving home instruction is eligible to
participate in interscholastic athletics or other extracurricular
activities as a full member of the team or squad representing the
public school to which the student would be assigned according to
school board residence policies subject to the following
conditions:
(1) The student receiving home instruction must be in
compliance with all provisions of subsection (c), section one,
article eight, chapter eighteen of this code, relating to home
instruction;
(2) The student receiving home instruction must file a written
notice of intent with the school to participate in interscholastic
athletics or other extracurricular activities as a representative
of the school before the beginning date of the season for the
activity in which the student wishes to participate;
(3) The student receiving home instruction must meet the same
standards of behavior and performance, including related practice
requirements, as those required of other students participating in the interscholastic athletics or other extracurricular activities
of the team or squad;
(4) A student receiving home instruction is academically
eligible to participate in interscholastic athletics or other
extracurricular activities: Provided, That the student has
demonstrated acceptable academic progress in the previous semester
by any of the methods designated in subsection (c), section one,
article eight, chapter eighteen of this code;
(5) A student who transfers from a home instruction program to
a public school is academically eligible to participate in
interscholastic athletics or other extracurricular activities:
Provided, That the student has demonstrated acceptable academic
progress in the previous semester by any of the methods designated
in subsection (c), section one, article eight, chapter eighteen of
this code;
(6) A student who transfers from a public school to a home
instruction program is academically eligible to participate in
interscholastic athletics or other extracurricular activities:
Provided, That the student is academically eligible upon transfer
from the public school; and
(7) A public school student who is academically ineligible
upon transfer from a public school is ineligible to participate in
interscholastic athletics or other extracurricular activities as a
student receiving home instruction for the following semester. To establish academic eligibility for subsequent semesters, the
student must meet the standards set forth in this subsection to
become eligible for subsequent semesters.
(c) The West Virginia Secondary Schools Activities Commission
may permit home education associations to join as member schools.
The associations are subject to all rules and regulations as
provided herein.
(d) The West Virginia Secondary Schools Activities Commission
may not discriminate against any eligible student based on an
educational choice of public, private, parochial, home instruction,
or other educational program.
(e) Public schools are prohibited from membership in any
organization or entity which regulates or governs interscholastic
athletics or other extracurricular activities and discriminates
against eligible students in public, private, parochial, home
instruction, or other educational program.
Note: The purpose of this bill is to provide for the
participation of home-schooled students in interscholastic
athletics and other extracurricular activities in the public
schools. The bill prohibits the Secondary Schools Activities
Commission from the categorical exclusion of home-schooled students
and provides conditions for their participation. Also, under the
bill, home education associations are permitted membership on the
commission.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.