HB4925 SFA RUCKER 3-2 #1
Hager 7871
Senator Rucker moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
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
and parochial schools and by home-schooled students.
(a) 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 those 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
(b) 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
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 chapter 29A 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. County boards of education are hereby authorized to
may 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 are 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.
(c) 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 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 rules 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.
(d) Notwithstanding any other provision of this section, or the commission’s rules, the commission shall consider eligible for participation in interscholastic athletic events and other extracurricular activities of secondary schools a student who is receiving home instruction pursuant to §18-8-1(c) of this code and who:
(1) Has demonstrated satisfactory evidence of academic progress for one year in
compliance with the provisions of that subsection: Provided, That the student’s average test results are within or above the fourth stanine in all subject areas;
(2) Is enrolled in at least one virtual instructional course per semester, consistent with the
applicable virtual instruction policy of the county board in which the home-schooled student lives and the State Board;
(3) Has not reached the age of 19 by August 1 of the current school year;
Eligibility is limited to participation in interscholastic athletic events and other extracurricular activities at the public secondary school serving the attendance zone in which the student lives: Provided, That home-schooled students who leave a member school during the school year are subject to the same transfer protocols that apply to member-to-member transfers. Reasonable fees may be charged to the student to cover the costs of participation in interscholastic athletic events and other extracurricular activities.
(e) The West Virginia Secondary School Activities Commission shall recognize preparatory athletic programs, whose participants attend a secondary school in West Virginia for academic instruction, as nonparticipating members of the commission solely for the purpose of competing on the national level: Provided, That the preparatory athletic program shall pay the same fees as member schools. Such recognition does not entitle the preparatory athletic program to compete against a member school during the regular season or in any commission state championship events. The commission may promulgate an emergency rule pursuant to subsection (b) of this section, if necessary, to carry out the intent of this subsection.
Adopted
Rejected