West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2749
2015 Carryover
(By Delegates Ellington, Border, Householder, Gearheart, Storch, Overington, Miller, Faircloth and Kurcaba)
[Introduced January 13, 2016; 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 the secondary schools athletic commission; and participation by home schooled students in extracurricular activities.
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 and parochial schools and by home schooled
students.
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
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 twenty‑nine‑a
of this code, but shall are, 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 thirty‑one 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 article five, chapter eighteen, 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
private and parochial secondary schools as that 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.
Notwithstanding any other provision of this section or the commission=s rules, the commission shall consider eligible for participation in extracurricular activities of secondary schools a student who is receiving home instruction pursuant to subsection (c), section one, article eight, chapter eighteen of this code and who:
(1) Has demonstrated satisfactory evidence of academic progress for two years in compliance with the provisions of that subsection;
(2) Has not reached the age of nineteen by August 1 of the current school year;
(3) Is an amateur who receives no compensation, but participates solely for the educational, physical, mental and social benefits of the activity;
(4) Agrees to comply with all disciplinary rules applicable to all other athletes and activity participants; and
(5) Agrees to obey all rules of the West Virginia Secondary Schools Activities Commission governing awards, all‑star games, parental consents, and physical examinations applicable to all high school athletes.
Eligibility is limited to participation in interscholastic programs at the public secondary school serving the attendance zone in which the student lives. Reasonable fees may be charged to the student to cover the costs of participation in interscholastic programs.
NOTE: The purpose of this bill is to allow for the participation of home schooled students in certain secondary school activities.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.